34  Conditions for Eligibility

34.1 An Applicant, Shortlisted Bidder or Bidder (as applicable) shall not be eligible to participate in the bidding process if the Applicant, Shortlisted Bidder or Bidder:

a)  is from a country which does not have diplomatic relations with the Government;

b)  does not have legal capacity to enter into a contract with the Contracting Authority;

c)  is insolvent, in receivership, bankrupt or being wound up or its business activities are to be suspended or it is to be the subject of legal proceedings for any of the foregoing, or it intends to submit an application for insolvency or liquidation;

d)  is the one with whom the Contracting Authority has previously entered into a contract for some other purpose and later terminated the contract (within the last 3 (three) years) prior to the expiry of the contract due to an event of default on the part of the Applicant, Shortlisted Bidder or Bidder (as applicable);

e)  has, including any directors thereof, been convicted of a criminal offence in Bangladesh within the last 5 (five) years; or

f)  has 100% ownership in any entity which is prohibited by the Government from participating in any Project and if that prohibition subsists as on the Due Date.