Southern Africa Development Community Secretariat – Procurement and Grants Policy (3) The Procurement Entity may also restrict the award of a contract to economic operators that cannot demonstrate, to the satisfaction of the Procuring Entity that they have the legal, financial and technical capabilities required to successfully implement the contract. Such restrictions shall not be of a nature to unduly restrict the competition or favour certain economic operators. They shall disclose in the bidding document or in the prequalification documents as per or post qualification criteria. (4) To be eligible for participation in a tender and award of contracts, bidders/applicants shall provide evidence of their eligibility under this Policy, satisfactory to the Procuring Entity, and proof of compliance with the necessary legal, technical and financial requirements as well as of their capability, capacity and adequacy of resources to carry out the contract effectively. Article 16. Regional Preference (1) The Procuring Entity may grant a margin of preference in the evaluation of bids under open bidding and international restricted bidding procedures to bids offering services, goods and works originating from SADC countries, when compared to bids offering services, goods and works originating from elsewhere. (2) In such cases, bidding documents shall clearly indicate the preference to be granted to domestic manufactured services, goods and works and the information required to establish the eligibility of a bid for such preference. (3) The nationality of the economic operator shall not be a condition for determination of such eligibility. (4) […] Application of this Preference to procurement funded by a cooperating partner: (a) This preference clause may not apply to procurement funded in whole by a cooperating partner, in which case, preference may be governed by the relevant binding cooperating policy instrument. (b) In case of procurement funded in part by a cooperating partner preference shall be governed by the relevant policy instrument or criteria agreed upon following negotiations between SADC Secretariat and the cooperating partner. (c) In case the agreement with cooperating partner does not provide for application of specific procurement policy this preference shall apply. (5) The specific methodology for the application of the regional preference will be specified in the Procurement Regulations. Article 17. Rules concerning documentary evidence provided by economic operators (1) If the Procuring Entity requires documentary evidence to be provided by economic operators to demonstrate their qualifications in a procurement process, the Procuring Entity shall not impose any other requirements other than those provided for in the laws of SADC Countries. Article 18. Cancellation of procurement processes (1) The Procuring Entity may, before the contract is signed, abandon the procurement exercise and cancel the procurement procedure without the applicants or bidders being entitled to claim any 15

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