Part 3Specific duties
Selection of tenderers and award of contracts
27Exclusion of economic operators on grounds of criminal activity
(1)
The Scottish Ministers may by regulations require a contracting authority to exclude an economic operator from a regulated procurement (other than an EU-regulated procurement) if any of the following have been convicted of an offence specified in the regulations—
(a)
the economic operator,
(b)
a director, secretary, office-holder, or partner of the economic operator, or
(c)
another person having powers of representation, decision-making or control in relation to the economic operator.
(2)
Regulations under this section may make provision—
(a)
specifying evidence that is to be conclusive in determining whether or not a person has been convicted of an offence,
(b)
specifying circumstances in which a contracting authority may award a contract to an economic operator despite being otherwise prohibited from doing so under the regulations.