Section 63: Blocklisting and Exclusion from the Blocklist

1) The Public Procurement Monitoring Office may blocklist a bidder, proponent, consultant, service provider, supplier, construction entrepreneur or other person, firm, organisation or company on the following grounds for a period of one year to three years on the basis of the seriousness of their/ act:

(a) If it is proved that s/he has committed an act contrary to the conduct as referred to in Section 62,

(b) If a proponent of a proposal selected for acceptance does not come to sign the contract pursuant to Section 38,

(c) If it is proved later that s/he had committed a substantial defect in implementing the procurement contract or had not substantially fulfilled the obligation under the contract, or the work carried out according to the procurement contract is not of the quality as per the said contract,

(d) If convicted by a court of law of a criminal offence liable to disqualify for taking part in a procurement contract,

(e) If s/he/it is proved to have signed the procurement contract by falsifying qualifications or misrepresenting,

(f) Any other conditions as prescribed.

2) A bidder, proponent, consultant, service provider, supplier, construction entrepreneur or other person, firm, organisation or company blocklisted pursuant to sub-section (1) shall be debarred from taking part in the procurement proceedings of a Public Entity up to that period.

3) Notwithstanding anything contained elsewhere in this Section, a person, firm, organisation or company blocklisted by a competent authority under prevailing law for not paying a loan of a bank or financial institution shall not be eligible to take part in the procurement proceeding of a Public Entity during the period of such blocklisting.

4) If the person, firm, organisation or company ineligible to take part in the public procurement proceedings pursuant to sub-section (2) or (3) is found to have taken part in the procurement of a Public Entity, no action shall be taken over his/her bid or proposal.

5) Other provisions concerning blocklisting pursuant to sub-section (1) shall be as prescribed.

6) A bidder, proponent, consultant, service provider, supplier, construction entrepreneur or other person, firm, organization or company blocklisted pursuant to sub-section (1), (2), (3), (4), and (5) shall be excluded from the blocklist as per the criteria prepared by the Public Procurement Monitoring Office for exclusion from the blocklist.