Eligibility Requirements 3

A Procuring Entity (PE) sought guidance on basis of the following representations:

1. The PE launched ten tender activities for the procurement of consultants. This was done using the Government of Jamaica (GoJ) procurement guidelines;
2. Eight of the ten activities failed due to a lack of submissions for four of the activities, and the non-compliance with eligibility requirements for the four remaining activities;
3. Following an internal assessment of the failed activities, it was determined that the requirement for the submission of a Tax Compliance Letter (TCL) was the chief contributing factor;
4. The PE further pointed out that the under the World Bank procedures and the loan funding the project, that bidders/consultants are required to provide a valid TCL at the award of contract, not as a part of their bid submission;
5. Hence, the PE sought guidance on whether this approach may be used where the GoJ funding and procurement procedures are being employed. Thereby making the TCL requirement applicable at contract award rather than at the time of bid submission.