Regulation 128. Tender considered not to be suitable

For the purposes of this Part a tender shall be considered not to be suitable where it is irrelevant to the contract, being manifestly incapable, without substantial changes, of meeting the contracting entity’s needs and requirements as specified in the procurement documents. A request for participation shall be considered not to be suitable where the economic operator concerned is to be or may be excluded pursuant to regulations 165(1) or 164, or does not meet the selection criteria laid down by the contracting entity pursuant to regulations 164, 166 or 165.