(1) In order to be eligible to participate in public procurement, a tenderer shall demonstrate to the satisfaction of the procuring entity that he or she —
(a) has the legal capacity to enter into the public procurement contract;
(b) is not insolvent, in receivership, bankrupt or being wound up, his or her affairs are not being administered by a court or a judicial officer, and his or her business activities have not been suspended;
(c) has fulfilled obligations to pay taxes and social security contributions;
(d) (deleted by Act 13 of 2020)
(e) does not have a conflict of interest in relation to the public procurement requirement;
(f) or any director or officer, has not been convicted of any criminal offence relating to professional conduct or the making of false statements or misrepresentations as to his or her qualifications to enter into a public procurement contract within a period of 5 years preceding the commencement of the public procurement procedure; and
(g) is not subject to suspension, or none of his or her directors or officers have been associated with a tenderer or supplier subject to suspension in Saint Lucia, the region or internationally.
(2) A government-owned tenderer is eligible if it can establish that it is legally and financially autonomous and is not a dependent agency of the procuring entity.