Mr. David O'Sullivan:

There is narrow scope to exclude people under poor past prior performance. However, that has to be a material failure and has to have led to damages or the contract being terminated. That is largely through the courts and takes quite a long time. Potential suppliers and economic operators cannot be eliminated because of hearsay or because of a project failure. There are many reasons why projects fail; they are not all due to the economic operator or supplier. There could be poor organisation, delays through internal resources or delays through equipment.

In relation to this particular project, I do not have sight of that particular vendor but to remove them through that, they would need to have gone through the courts. It is also important to bear in mind the policy is to use the open competitive procedure, which attracts bids widely. Excluding people is a very serious undertaking.