PART 4AMENDMENT OF THE DEFENCE AND SECURITY PUBLIC CONTRACTS REGULATIONS 2011
Standstill notices: definition of ‘tenderer’27
In regulation 33—
a
in paragraph (15)(b), for “offer” substitute “
offer and has not been definitively excluded
”
; and
b
after paragraph (15) insert—
16
For the purposes of paragraph (15)(b)—
a
a tenderer has been excluded if its offer has been excluded from consideration; and
b
an exclusion is definitive if, and only if, the tenderer has been notified of the exclusion and either—
i
the exclusion has been held to be lawful in proceedings under Part 9; or
ii
the time limit for starting such proceedings has expired even on the assumption that the Court would have granted the maximum extension permitted by regulation 53(4) and (5).