Section 23: Prequalification of Bidders.

(1) Where a procuring entity has made a decision with respect to the minimum qualifications of suppliers, contractors or service providers by requesting interested persons to submit applications, to pre-qualify, it shall set out precise criteria upon which it seeks to give consideration to the applications and in reaching a decision as to which supplier, contractor or service provider qualifies, shall apply only the criteria set out in the prequalification documents and no more.
(2) Procuring entities shall supply a set of pre-qualification documents to each supplier, contractor or consultant that request them, and the price that a procuring entity may charge for the pre-qualification documents shall reflect only the cost of printing and provision to suppliers or contractors and consultants.
(3) The prequalification document shall include:
(a) instructions to prepare and submit prequalification application;
(b) a summary of the main terms and conditions required for the procurement contract to be entered into as a result of the procurement proceedings;
(c) any documentary evidence or other information that must be submitted by suppliers, contractors or consultants to demonstrate their qualifications;
(d) the manner and place for the submission of applications to pre-qualify and the deadline for the submission, expressed as a specific date and time which allows sufficient time for suppliers, contractors or consultants to prepare and submit their applications, taking into account the reasonable need of the procuring entity; and
(e) any other requirement that may be established by the procuring entity in conformity with this Act and procurement regulations relating to the preparation and submission of applications to pre-qualify and to the prequalification proceedings.
(4) The procurement entity shall respond to any request by a suplier, contractor or consultant for clarification of the pre-qualification documents if the request is made at least ten days before the deadline for the submission of applications to pre-qualify.
(5) The response by the procuring entity shall be given within a reasonable time and in any event within a period of at most seven working days so as to enable the supplier, contractor or consultant to make a timely submission of its application to prequalify.
(6) The response to any request that might reasonably be expected to be of interest to other supplier, contractor or consultant shall, without identifying the source of the request, be communicated to other suppliers or contractors or consultants provided with the prequalification documents by the procuring entity.
(7) A procuring entity shall promptly notify each supplier, contractor or consultant which submitted an application to pre-qualify of whether or not it has been pre-qualified and shall make available to any member of the general public upon request, the names of the suppliers, contractors or consultants who have been pre-qualified.
(8) Suppliers, contractors or consultants who have been pre-qualified may participate further in the procurement proceedings.
(9) The procuring entity shall upon request communicate to suppliers, contractors or consultants who have not been pre-qualified, the grounds for disqualification.
(10) The procuring entity may require a supplier, contractor or service provider who has been pre-qualified to demonstrate its qualifications again in accordance with the same criteria used to pre-qualify the supplier, contractor or consultant.
(11) The procuring entity shall promptly notify each supplier, contractor or service provider requested to demonstrate its qualifications again whether or not the supplier, contractor or consultant has done so to the satisfaction of the procuring entity.
(12) The procuring entity shall disqualify any supplier, contractor or service provider who fails to demonstrate its qualification again if requested to do so.