PART 4 U.K.AMENDMENT OF THE DEFENCE AND SECURITY PUBLIC CONTRACTS REGULATIONS 2011

Standstill notices: definition of ‘tenderer’U.K.

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).”.