(1) In the following cases, the public procurement monitoring office may blacklist the bidder, proposer, consultant, service provider, supplier, builder or other person, firm, organization or company for one year to three years based on the seriousness of their actions:-
(a) If it is proven that he has acted contrary to the conduct as per section 62,
(b) If the bidder or proposer selected for approval under Section 27 or 38 fails to enter into an agreement under Section 38,
(c) If it is later proven that fundamental errors have been made during the execution of the purchase agreement or that the obligations according to the agreement have not been substantially complied with or the work according to the purchase agreement is not of the quality according to the agreement,
(d) if convicted by a court of any criminal offense disqualifying him from participating in the procurement contract,
(e) if it is proved that the contract of sale has been entered into under false pretenses, or (f) in any other case as specified.
(2) Bidders, proposers, consultants, service providers, suppliers, builders or other persons, firms, institutions or companies blacklisted in accordance with sub-section (1) may not participate in the procurement process of the public body until the said period.
(3) Notwithstanding anything written elsewhere in this section, a person, firm, organization or company blacklisted by the authorized body in accordance with the prevailing law without paying the debt of the bank or financial institution may not participate in public procurement during the period of such blacklisting.
(4) According to sub-section (2) or (3), if a person, firm, organization or company who cannot participate in public procurement is found to have participated in the procurement by the public body, no action will be taken against his bid or proposal.
(5) According to sub-section (1), other procedures related to blacklisting shall be as prescribed.
(6) According to sub-sections (1), (2), (3), (4) and (5) blacklisted bidders, proposers, consultants, service providers, suppliers, construction professionals or other persons, firms or companies in relation to release from the blacklist According to the criteria prepared by the Public Procurement Monitoring Office, it will be released from the blacklist.