The Public Supply Contracts Regulations 1991

Criteria for rejection of suppliers

14.  –

(1) A contracting authority may treat a supplier as ineligible to tender for, or to be included amongst those persons from whom it will make the selection of personsto be invited to tender for or negotiate, a public supply contract in accordance withregulations 11(6), 12(4) and 13(7), or decide not to select a supplier to tender for or to negotiate a public supply contact in accordance with regulations 12(5) and 13(8), on one of the following grounds, namely that the supplier–

(a) being an individual is bankrupt or has had a receiving order or administration order made against him or has made any composition or arrangement with or for the benefit of his creditors or has made any conveyance or assignment for the benefit of his creditors or appears unable to pay, or to have no reasonable prospect of being able to pay, a debt within the meaning of section 268 of the Insolvency Act 1986(1), or article 242 of the Insolvency (Northern Ireland) Order 1989(2), or in Scotland has granted a trust deed for creditors or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of his estate, or is the subject of any similar procedure under the law of any other State;

(b) being a partnership constituted under Scots law has granted a trust deed or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of its estate;

(c) being a company has passed a resolution or is the subject of an order by the court for the company’s winding up otherwise than for the purposes of bona fide reconstruction or amalgamation, or has had a receiver, manager or administrator on behalf of a creditor appointed in respect of the company’s business or any part thereof or is the subject of proceedings for any of the above procedures or isthe subject of similar procedures under the law of any other State;

(d) has been convicted of a criminal offence relating to the conduct of his business or profession;

(e) has committed an act of grave misconduct in the course of his business or profession;

(f) has not fulfilled obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the member State in which the supplier is established;

(g) has not fulfilled obligations relating to the payment of taxes under the law of any part of the United Kingdom or the member State in which the supplier is established;

(h) is guilty of serious misrepresentation in supplying any information required of him under this regulation and regulations 15, 16 and 17; or

(i) subject to paragraphs (5) and (6) below, is not registered on the professional or trade register of the member State in which the supplier is established under the conditions laid down by that State.

(2) The contracting authority may require a supplier to provide such information as it considers it needs to make the evaluation in accordance with paragraph (1) above except that it shall accept as conclusive evidence that a supplier does not fall within the grounds specified in paragraphs (1)(a), (b), (c), (d), (f) or (g) above if that supplier provides to the contracting authority–

(a) in relation to the grounds specified in paragraphs (1)(a), (b), (c) or (d) above,

(i) an extract from the judicial record, or

(ii) in a member State which does not maintain such a judicial record, a document issued by the relevant judicial or administrative authority;

(b) in relation to the grounds specified in paragraph (1)(f) or (g) above, a certificate issued by the relevant competent authority;

(c) in a member State where the documentary evidence specified in paragraphs 2(a) and (b) above is not issued or where it is issued but does not extend to all of the grounds specified in paragraph (1)(a), (b), (c) or (d) above, a declaration on oath, or in a member State which does not provide for a declaration on oath a solemn declaration, made by the supplier before the relevant judicial, administrative or competent authority or a relevant notary public or commissioner for oaths accompanied by a certificate of such relevant authority, notary public or commissioner for oaths attesting the authenticity of the declaration.

(3) In this regulation, “relevant” in relation to a judicial, administrative or competent authority, notary public or commissioner for oaths means such an authority designated by, or a notary public or commissioner of oaths in, the member State in which the supplieris established.

(4) The following are the appropriate professional or trade registers for the purposes of paragraph (1)(i) above–

• in Belgium, the registre du commerce/Handelsregister;

• in Denmark, the Aktieselskabs-Registeret, Forenings-Registere or Handelsregisteret;

• in France, the registre du commerce and repertoire des metiers;

• in Germany, the Handelsregister or Handwerksrolle;

• in Italy, the registro della camera di commercio, industria, agricoltura e artiginato or registro delle commissioni provinciali per l'artigianato;

• in Luxembourg, the registre aux firmes and the role de la chambre des metiers;

• in the Netherlands, the Handelsregister;

• in Portugal, the Registo Nacional das Pessoas Colectivas; and

• in Spain, the Registro del Ministerio de Industria y Energia.

(5) A supplier established in the United Kingdom or Ireland shall be treated as registered on the professional or trade register for the purposes of paragraph (1)(i) above if the supplier–

(a) is established in Ireland and is certified as registered with the Registrar of Friendly Societies, or

(b) is established in either State and is either–

(i) certified as incorporated by the Registrar of Companies, or

(ii) is certified as having declared on oath that he is carrying on business in the trade in question in the State in which he is established at a specific place of business and under a specific trading name.

(6) A supplier established in Greece shall be treated as registered on the professional or trade register for the purposes of paragraph (1)(i) above if the supplier is certified as having declared on oath before a notary public that he exercises the profession of a supplier.

(1)

1986 c. 45.

(2)

S.I. 1989/2405 (N.I.19).