Section 26 in Punjab Transparency in Public Procurement Act, 2019
26. Blacklisting.
(1)A procuring entity shall have the power to blacklist a bidder for a specified time from participating in public procurement proceedings and inform, in writing, all procuring entities of such actions.(2)A bidder who has been blacklisted and/or debarred from taking part in public procurement by an international organization or by Government of India or any other State Government, shall automatically be blacklisted from participating in public procurement in the State for such period as is debarred by that international organization or Government of India or any other State Government, as the case may be.(3)A bidder shall be black listed from participating in public procurement or disposal proceedings if, -(a)fraud or corrupt practice is established against the bidder in accordance with the provisions of this Act; or(b)the bidder fails to abide with a bid securing declaration; or(c)the bidder breaches a procurement contract; or(d)the bidder makes false representation about his qualifications during bid proceeding.(4)Subject to sub-section (3), the procedure for blacklisting shall be such, as may be prescribed.(5)A bidder blacklisted pursuant to this section may appeal against such decision within twenty one days from the date when he became aware or should have become aware of such a decision.(6)A procuring entity shall keep and maintain a record of all blacklisted firms in such manner, as may be prescribed.(7)A bidder blacklisted under this section shall not be eligible to bid through a new supplies, contracting or consulting or services firm for the purpose of public procurement during the period of blacklisting.(8)All procuring entities shall not procure from, contract with or engage a bidder who has been blacklisted from participating in public procurement proceedings pursuant to this Act.(9)The procuring entity shall inform the relevant professional bodies, if applicable, upon blacklisting a bidder.(10)For the purpose of this section, a blacklisted bidder shall include all the director(s)/partners/proprietors/associates/promoters of the company or firm or limited liability partnership, as the case may be.
