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).