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SCHEDULE 3Decisions taken in accordance with paragraph 3 of Article 5 of Regulation (EC) No. 1370/2007

PART 1Information about contract award procedures

Definitions

11.  For the purposes of paragraph 10(2) –

(a)a tenderer has been excluded if his offer has been excluded from consideration; and

(b)an exclusion is definitive if, and only if, the tenderer has been notified of the exclusion and either –

(i)the exclusion has been held to be lawful in proceedings under this Schedule; or

(ii)the time limit for starting such proceedings has expired even on the assumption that the Court would have granted the maximum extension permitted by paragraphs 19(4) and (5).