(1) A
public body shall determine whether the bidder that is identified as having
submitted the lowest evaluated responsive bid is qualified to perform the contract
in accordance with the criteria listed in the bidding document.
(2) A
determination under paragraph (1) shall be based upon an examination of the
documentary evidence submitted by the bidder in accordance with the
requirements specified in the bidding document.
(3) To
verify its technical and production capability a bidder shall, if required to
do so by the bidding document, provide with its bid documentary evidence to
establish that any item offered has been in mass production and has been in satisfactory
operation for the minimum period specified in the bidding document.
(4) (a) A determination under paragraph (1) in
favour of a bidder shall be a prerequisite for award of the contract to the
bidder.
(b)
A negative determination under paragraph (1) shall result in rejection
of the bid in which case a public body shall proceed to the next lowest
evaluated bid to make a similar determination of that bidder’s
capabilities to perform satisfactorily.
(5) Subject
to paragraph (6), where a prequalification proceeding has been carried out in a
procurement proceeding, a post-qualification proceeding shall be carried out to
verify that the selected bidder is still qualified.
(6)
No new qualification criteria other
than those specified in the post-qualification proceeding shall be imposed in
determining whether a selected bidder is qualified.