Part 3: Award of public contracts and procedures Exclusions and modifications Section 30: Excluding suppliers for improper behaviour
Subsection (1) says that subsection (2) applies where a supplier has acted improperly in the procurement. The improper behaviour must have resulted in the supplier having an unfair advantage in the competition which cannot be avoided other than by exclusion of the supplier.
	Subsection (2) says that, in these circumstances, the contracting authority must treat the supplier as an excluded supplier in relation to the award of the public contract, disregard a tender from the suppliers and prevent the supplier from participating in, or progressing as part of, any competitive tendering procedure.
	Subsection (3) requires the contracting authority to allow representations to be made and evidence to be put forward by the supplier before determining whether a supplier has acted improperly.
	Subsection (4) sets out an exhaustive list of the circumstances in which a supplier has acted improperly in a procurement.
	Subsection (5) says subsection (6) applies where a supplier has failed to provide information about connected persons or associated persons to assess whether the supplier is subject to exclusion or has provided incomplete, inaccurate or misleading information.
	Subsection (6) says that, in these circumstances, the contracting authority must treat the supplier as an excluded supplier in relation to the award of the public contract, disregard a tender from the supplier and prevent the supplier from participating in, or progressing as part of, any competitive tendering procedure.
	An excluded supplier under this section is not treated as an excluded supplier other than in the procurement where the improper behaviour occurred. As a result, the risk of the improper behaviour continuing or occurring again (i.e. self-cleaning) is not relevant, the time periods during which events can be taken into account for the purpose of exclusions are not applicable and this cannot be used as a ground for a Minister to put the supplier on the debarment list. However, the behaviour of a supplier described in this section may also be a basis for discretionary exclusion on future procurements, where all of these matters are relevant (see paragraph 13 of schedule 7).