26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?

The elections involved only independent candidates, as there are no political parties in Tuvalu.

Source: IPU Parline Database, Parliament of Tuvalu Last Elections (2015) at http://archive.ipu.org/Parline/reports/2327_E.htm accessed January 17 2018

33 Evidence of qualification criteria
(1) Subject to regulation 32, the following evidence may be requested from bidders to satisfy the qualification criteria established in the bidding documents.

(2) Evidence of the bidders' technical abilities may be furnished by one or more of the following means according to the nature, quantity or importance, and use of the goods, works or non-consulting services, including evidence of:

(a) experience and reliability;

(b) financial resources, equipment and other physical facilities;

(c) personnel;

(e) managerial capability;

(f) possession of the necessary professional and technical qualifications and competence; and

(g) subject to the right of the bidder to protect its intellectual property rights and trade secrets, possession of the requisite intellectual property rights or trade secrets.

(3) Evidence of the bidder's legal capacity to carry out the contract may be furnished by any of the following means, including evidence that:

(a) it has satisfied all the legal requirements to carry on business in Tuvalu and, if the bidder has its headquarters outside Tuvalu, of his entitlement to carry on business in that jurisdiction;

(b) the bidder is not insolvent, in bankruptcy, in receivership or under liquidation; and

(c) legal proceedings have not been taken and are not reasonably anticipated to be taken that would materially affect the ability or the legal capacity of the bidder to carry out the contract.

(4) As applicable, evidence may be provided that the bidder is in good standing with the Government and has fulfilled its obligations, to pay taxes, levies, license fees and other fees.

(5) All bidders shall provide evidence of their integrity to the effect that the bidder and any director, officer, manager or supervisor of the bidder has not been, within a period of three years preceding the date of issuance of the invitation to bid:

(a) convicted of any criminal offence, whether in the Tuvalu or elsewhere, relating to his professional conduct or the making of false statements or misrepresentations as to his qualifications to enter into a procurement contract, or involving dishonesty, or under anti-corruption legislation; or

(b) suspended or debarred by administrative or judicial proceedings from participating in procurements, whether in Tuvalu or elsewhere.

Source: Article 33, Public Procurement Regulations 2014

The procuring entity shall disqualify a bidder if it finds that the information submitted in a bid concerning its qualifications is false or misleading or materially inaccurate or materially incomplete.

Source: Article 34, Public Procurement Regfulations 2014

There are no political parties in Tuvalu. The Public Procurement Law and regulations do not mention any such ban amongst their disqualifications.