Part 3: Award of public contracts and procedures Excluding suppliers Section 58: Considering whether a supplier is excluded or excludable
Subsection (1) sets out the factors that contracting authorities may take into account when evaluating the risk that the circumstances giving rise to an exclusion ground will recur or are continuing. This is not intended to be limited to the specific event that constitutes the ground, but includes the underlying behaviour or other factors which led to the ground being met.
	Subsection (2) imposes a duty on contracting authorities, in applying the exclusions regime, to give suppliers an opportunity to make representations as to whether grounds apply and to submit evidence that the circumstances are not likely to recur or are continuing (a so-called "self-cleaning" process).
	Subsection (3) requires that contracting authorities must not make disproportionate requests for information regarding the exclusion grounds. This includes disproportionate requests for proof of the absence of grounds for exclusion, or disproportionate requests for particular remedial action to be taken where grounds are met.