PART 3Award of public contracts and procedures
CHAPTER 2Competitive award
Exclusions and modifications
I126Excluding suppliers from a competitive award
1
In assessing tenders under section 19, a contracting authority must disregard any tender from a supplier that is an excluded supplier.
2
Before assessing which tender best satisfies the award criteria for the purposes of section 19, a contracting authority—
a
must consider whether a supplier is an excludable supplier, and
b
may disregard any tender from an excludable supplier.
3
If the supplier is an excluded or excludable supplier only by virtue of an associated person being an excluded or excludable supplier, the contracting authority must, before disregarding a tender—
a
notify the supplier of its intention to disregard, and
b
give the supplier reasonable opportunity to replace the associated person.
4
In this Act, “associated person” means a person that the supplier is relying on in order to satisfy the conditions of participation (see section 22(8)), but not a person who is to act as guarantor as described in section 22(9).