(1) Before issuing a debarment order in terms of this section, a procuring institution must provide the bidder, supplier or any of the directors, members, trustees or partners of that bidder or supplier (herein called ‘‘the affected person’’) with a notice of the intention to debar.
(2) The notice must—
(a) indicate the reason for the intended issuing of a debarment order; and
(b) invite the affected person to provide reasons, within 10 days, why the debarment order should not be issued.
(3) A procuring institution must issue a debarment order against a bidder or supplier and may issue a debarment order against any of the directors, members, trustees or partners of that bidder or supplier, if the bidder or supplier—
(a) provided false information in a bid or any other document submitted to a procuring institution in connection with a procurement process or contract;
(b) provided false information for purposes of registration in a database as envisaged in this Act;
(c) connived to interfere with the participation of other bidders;
(d) has been convicted of an offence involving corruption, fraud, collusion or coercion, price fixing or breach of confidentiality relating to procurement by a procuring institution;
(e) has not performed a material contractual obligation not due to circumstances beyond the control of the supplier;
(f) has been convicted of an offence relating to—
(i) obtaining or attempting to obtain a contract or subcontract; or
(ii) business or professional activities;
(g) attempted, or conspired with, aided, abetted, induced or incited another person to contravene a provision of this Act; or
(h) contravened a provision of this Act.
(4)(a) The procuring institution must consider the reasons submitted in terms of subsection (2)(b) and decide whether to issue a debarment order.
(b) The procuring institution must notify—
(i) the affected person;
(ii) the Public Procurement Office; and
(iii) the relevant provincial treasury, if applicable, within five days from the date of the decision.
(5) The procuring institution may, on application by the affected person—
(a) reduce the period of the debarment order; or
(b) revoke the debarment order, if the order was made in error of fact, error of law or fraud.
(6) The Public Procurement Office must—
(a) establish and maintain a debarment register of persons debarred in terms of this section; and
(b) make the register publicly available.
(7) The Public Procurement Office must, subject to the outcome of an application for review of the decision in terms of section 48, immediately after being notified of the decision to debar in terms of subsection (4)(b) include the name of the affected person in the register referred to in subsection (6).
(8) A debarment order takes effect on the date the name of the affected person appears in the register referred to in subsection (6).
(9) A debarment order may not exceed the prescribed period and different periods may be prescribed for debarment in terms of subsection (3).
(10) A debarment order prohibits the affected person, for the period specified in the debarment order, from participating in procurement by procuring institutions generally or in circumstances specified in the order.
(11)(a) A person debarred in terms of this section may not engage in conduct that, directly or indirectly, contravenes the debarment order.
(b) Without limiting paragraph (a), a person debarred contravenes that paragraph if the person enters into an arrangement with another person to engage in the conduct that directly or indirectly contravenes a debarment order in accordance with the written or verbal directions of the person debarred.