PART 3Award of public contracts and procedures
CHAPTER 2Competitive award
Exclusions and modifications
I127Excluding suppliers from a competitive flexible procedure
1
Before permitting a supplier to participate in a competitive flexible procedure, a contracting authority must determine whether the supplier is—
a
an excluded supplier, or
b
an excludable supplier.
2
The contracting authority must exclude an excluded supplier from participating in, or progressing as part of, the competitive flexible procedure.
3
The contracting authority may exclude an excludable supplier from participating in, or progressing as part of, the competitive flexible procedure.
4
Before excluding a supplier that is an excluded supplier or excludable supplier only by virtue of an associated person, a contracting authority must—
a
notify the supplier of its intention, and
b
provide the supplier with reasonable opportunity to replace the associated person.
5
In this section, a reference to a supplier participating in a competitive flexible procedure is a reference to a supplier participating beyond the initial submission of tenders or requests to participate.