PuBuc PROCUREMENT AND DISPOSAL OF PuBuc AssETs No.S/2017 Cap.22:23 (iv) requirements as to inspection and testing; and (v) any applicable standanls which, where possible, shall be international standards or Zimbabwean standards incorporating international standards; and (b) specify the methods by which performance under the procurement contract will be measured for conformity with those requirements. (2) The requirements referred to in subsection (l) shall not refer to any particular trademark or brand name, or to any patent or design, or to any producer or service provider, unless there is no other practical way of describing the procurement requirement, in which event words such as "or equivalent" shall be included in the specifications. 28 Participation by bidders (1) Except as prescribed under this Act or any other enactment, bidders shall be permitted to participate in procurement proceedings without regard to nationality. (2) Subject to this section, a procuring entity may require bidders to meet such of the following criteria for eligibility as the procuring entity considers appropriate and relevant in the circumstances of the particular procurement(a) that they meet specified ethical standards; (b) that they have the legal capacity to enter into the procurement contract; (c) that(i) they are not insolvent, in liquidation or under judicial management; or (ii) their affairs are not being administered by a court or a judicial officer; or (iii) their business activities have not been suspended; and no legal proceedings are pending for any of the foregoing; (d) that they have paid all taxes, duties and rates for which they are liable in Zimbabwe, together with any contributions or payments due under the National Social Security Authority Act [Chapter 17:04]; (e) that neither they nor any of their officers have, in the five years immediately preceding the initiation of the procurement proceedings(i) been convicted in any country of an offence related to their professional conduct or the making of false statements or misrepresentations as to their qualifications; or (ii) been censured or subjected to any penalty in any country following disciplinary proceedings arising out of any conduct involving the making of false statements or misrepresentations; (f) any other criteria that will demonstrate that the bidders possess the professional and technical qualifications and competence, financial resources, equipment and other physical facilities, managerial capability, experience, business reputation and personnel, needed to perform the procurement contract. (3) Procuring entities shall not impose eligibility criteria that are unduly restrictive or designed to reduce competition, and shall prepare them for each procurement requirement, taking into account the size, complexity and technical requirements of the proposed procurement contract. 60

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