Section 35, The Public Procurement Act, 2016

(1) The Authority may exclude a bidder or a supplierfrom participation in public procurement for a minimum period of one year and a maximum period of six years after – (a) consultation with the affected procuring entity to consider all the facts of the case; (b) reasonable notice to the bidder or supplier involved of the cause of the proposed actions; and (c) reasonable opportunity for the bidder or supplier to respond to the proposed action. (2) A potential bidder or supplier shall not be debarred from participation in procurement except on the following grounds– (a) provision of false information supplied in the process of submitting a bid; (b) collusion between the bidder and another bidder or a bidder and a public officer concerning the formulation of any part of the bidding documents; Conduct of bidders and suppliers. 36 37 Debarment of bidders and suppliers. (c) connivance to interfere with the participation of competing bidders; (d) misconduct relating to the submission of bids, including corruption, collusion, price fixing, a pattern of under-pricing of bids, breach of confidentiality, and any other misconduct referred to in section 34; (e) non-performance of contractual obligations under a contract deemed serious enough to warrant debarment, provided that the nonperformance was not due to circumstances beyond the control of the supplier; (f) conviction of a criminal offence relating to obtaining or attempting to obtain a contract or subcontract; (g) non-settlement of tax obligations after assessment by the National Revenue Authority or the evasion of tax by any means; or (h) conviction of a crime related to business or professional activities. (3) The Ministry shall effect debarment of a bidder or a supplier excluded by the Authority under subsection (1), by not releasing funds to pay on any contract entered into between a procuring entity and the debarred bidder or supplier.