Western Australian Current Acts Western Australian Current Acts (1) The regulations
may provide for the debarment of suppliers from supplying goods, services or
works to State agencies.
(2) Without limiting
subsection (1), the regulations may make provision for or with respect to the
following —
(a)
specifying the conduct for which a supplier may be debarred (whether or not
that conduct relates to the supply of goods, services or works to State
agencies);
(b)
authorising the Department CEO to debar a supplier —
(i)
because of any such conduct of the supplier; or
(ii)
because the supplier is an affiliate of a supplier who
was debarred for any such conduct; or
(iii)
because the supplier failed to comply with requirements
of this Part relating to an investigation of the supplier by the Department
CEO;
(c)
investigations by the Department CEO into whether a supplier should be
debarred;
(d) the
procedures to be followed by the Department CEO before a supplier is debarred
(including giving a supplier an opportunity to show cause why the supplier
should not be debarred);
(e)
authorising the Department CEO to suspend a supplier who is under
investigation by the Department CEO from supplying goods, services or works to
State agencies pending a determination on whether the supplier should be
debarred;
(f)
specifying the maximum period for which a supplier may be debarred or
suspended;
(g)
requiring State agencies to comply with a decision of the Department CEO to
debar or suspend a supplier except in the case of any special circumstances
authorised by the regulations;
(h) the
giving of undertakings about future conduct by a supplier who is under
investigation by the Department CEO or who seeks the revocation of a decision
to debar or suspend the supplier;
(i)
enabling authorised bodies to rely on the debarment or
suspension of a supplier to exclude the supplier from their procurement of
goods, services or works;
(j)
dealing with any other matter relating to the debarment or suspension of a
supplier.
(3) The regulations
may provide that the debarment or suspension of a supplier from supplying
goods, services or works to State agencies extends (without limitation) to the
supplier —
(a)
seeking or being awarded a contract for any such supply; and
(b)
seeking or being awarded a subcontract with a head or other contractor for any
such supply; and
(c)
being the agent or representative of the supplier in relation to any such
supply.
(4) The regulations
may provide that the debarment or suspension of a supplier applies to —
(a) all
goods, services or works or to particular kinds of goods, services or works;
and
(b) new
contracts, the extension of supply options in existing contracts or the
extension of the scope of existing contracts.