(1) The Director may suspend a tenderer or contractor where the tenderer or contractor —
(a) deliberately provides false information in a tender or any other document submitted to a procuring entity in connection with a public procurement procedure or public procurement contract;
(b) supports the interference with the participation of other tenderers;
(c) engages in misconduct relating to the submission of tenders, including corrupt, fraudulent, collusive or coercive practices, price fixing, a pattern of under-pricing of tenders and breach of confidentiality;
(d) takes an order knowing that the order had not been authorised or was not in a proper format or had been issued by a person not authorised to take the order;
(e) makes delivery against an order knowing that the order had not been authorised or was not in a proper format or had been issued by a person not authorised to take the order;
(f) makes a claim for payment against an order knowing that the order had not been authorised or was not in a proper format or had been issued by a person not authorised to do so;
(g) refuses to sign the public procurement contract or to furnish security for performance of the public procurement contract under the terms of the tendering document if required to do so;
(h) engages in substantial non-performance of contractual obligations, provided that the non-performance was not due to circumstances beyond the control of the tenderer or contractor; or
(i) has been convicted of a criminal offence relating to obtaining or attempting to obtain a public procurement contract or sub-contract or a fraudulent practice.
(2) A tenderer or a contractor shall not be suspended without —
(a) reasonable notice in writing to the tenderer or contractor involved of the grounds for the proposed suspension and the details of the alleged grounds;
(b) reasonable opportunity for the tenderer or contractor to respond to the alleged grounds and provide information in his or her defence; and
(c) a thorough investigation of the facts of the case by the Director,
in accordance with prescribed procedures.
(3) A suspension under this section is for a minimum period of 6 months and a maximum period of 5 years and does not affect the implementation of an on-going public procurement contract by the tenderer or contractor.
(4) A suspension in accordance with subsection (1) applies to named directors, shareholders or staff of a tenderer or contractor, where the investigation demonstrates the involvement of such persons.
(5) A tenderer or supplier, suspended under this section for the first time, may, after the expiry of 6 months from the date of the start of the suspension, apply to the Director for the modification of the period of suspension.