S.L. 601.3 Art. 199Blacklistingbythe Director.

The Director is empowered to black list an economic operator from participating in a procurement procedure where:

(a) the economic operator has been declared guilty by any court or tribunal of an offence relating to labour law including those found in the Employment and Industrial Relations Act or any subsidiary legislation made under that Act; or

(b) the economic operator has been convicted of an offence concerning his professional conduct by a judgment which has the force of in res judicata accordance with the laws of Malta, which renders its integrity questionable; or

(c) the Director has sufficiently plausible indications to conclude that the economic operator has entered into agreements with other economic operators aimed at distorting competition; or

(d) the Director has been informed in writing by a contracting authority that an economic operator has shown significant or persistent deficiencies in the performance of a substantive requirement in a public contract, or a public concession contract, which led to early termination of that contract, damages or other comparable sanctions; or

(e) the economic operator has been declared guilty by any court or tribunal of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria, has withheld such information or is not able to submit the supporting documents required pursuant to regulation 226;

(f) the economic operator has undertaken to unduly influence the decision-making process of the contracting authority, to obtain confidential information that may confer upon it undue advantages in the procurement procedure or to negligently provide misleading information that may have a material influence on decisions concerning exclusion, award or selection;

(g) it can demonstrated by any appropriate means that in the execution of public contracts the economic operator is in violation of applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Schedule 13.