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Grounds for Discretionary Exclusion

Grounds for Discretionary Exclusion

  • The bidder being an individual is in a state of bankruptcy or has a receiving order or administration order or bankruptcy restriction order made against him or has made any arrangement for the benefit of creditors.
  • The bidder being a partnership constituted under Scots law has granted a trust deed or become otherwise apparently insolvent, or is subject of a petition presented for sequestration of its estate.
  • The bidder being a company is in the process of winding up, administration, or receivership.
  • The bidding organisation has been convicted of a criminal offence relating to the conduct of its business or profession.
  • The bidding organisation has committed an act of grave misconduct in the course of its business or profession.
  • The bidding organisation has not fulfilled obligations relation to payment of social security contributions.
  • The bidding organisation has not fulfilled obligations relating to payment of taxes.
  • The bidding organisation is guilty of serious misrepresentations in supplying information required by the Buyer under the Public Contracts Regulations 2006.
  • The bidding organisation is not in possession of a licence or not a member of the appropriate organisation where the law requires it.

If any of the above circumstances apply, the supplier is required to provide further information in order to enable the University to determine whether the discretionary grounds for exclusion laid out in Regulation 23(4) of the Public Contracts Regulations 2006 apply.

Discretionary grounds for exclusion may also be applied in tenders not covered by the Regulations.