ECOWAS Tenders Code Article 38: Extension of the Deadline for Bid Submission 1. Where less than three bids are received, the Public Contracting Officer shall postpone the opening of bids and advertise in the same media used for the initial invitation to bid, for bids to be submitted within a new period of fifteen (15) working days. 2. If, at the end of this new period, at least one (1) bid is submitted, the procedure shall be carried on according to the provisions of Article 33(Bid Opening) of this Code. Section II: Bidding Preceded by Pre qualification Proceedings Article 39: Conditions for Pre-qualification Proceedings 1. The procuring entity may engage in pre qualification proceedings with a view to identifying, prior to the submission of bids or proposals, candidates that are qualified. The use of pre qualification proceedings is mandatory in the case of large or complex contracts for the supply of equipment or provision of construction services, or for specialized services. 2. The qualification of candidates under this Article is exclusively determined on the basis of their capacity to perform the contract in a satisfactory manner, according to the following criteria: a) candidate’s experience and past performance in similar contracts; b) manpower, installations and equipment to be used to perform the contract; and c) financial capability. Article 40: Prequalification Notice of Invitation The prequalification notice shall be published in the same manner as the invitation to bid referred to in Article 31 of this Code. Article 41: Evaluation of Prequalification 1. The Technical Subcommittee referred to in Article 8. 4 shall review all the applications and retain all those satisfying the pre-qualification conditions. . In arriving at a decision, the Technical Subcommittee shall apply only the criteria set forth in the pre-qualification documents. 2. The Public Contracting Officer shall notify each supplier, contractor or service provider submitting an application to pre-qualify within three (3) working days, whether or not he has been pre qualified and shall make available to any of them, upon request, the names of all suppliers or contractors that have been pre-qualified. 3. Only suppliers, contractors or service providers that have been pre-qualified are entitled to participate further in the contracting proceedings. Final Page 18