The Local Authority's right to reject Solutions

The issue of this ISDS in no way commits the Local Authority to award any Contract pursuant to the bidding process. The Local Authority is not bound to accept the lowest or any Solution.  Nothing in this ISDS shall oblige the Local Authority to award a Contract and the Local Authority shall be able, in its sole discretion, to withdraw from this competitive dialogue process at any stage.

The Local Authority reserves the right to reject or disqualify a Bidder and/or a member of its supply chain where:

•  a Solution is submitted late, is completed incorrectly, is materially incomplete or fails to meet the Local Authority' submission requirements which have been notified to Bidders;

•  the Bidder and/or a member(s) of its supply chain are unable to satisfy the terms of Article 45 of Directive 2004/18/EC and/or Regulation 23 of the Public Contracts Regulations 2006 at any stage during the tender process;  

•  the Bidder and/or a member(s) of its supply chain are guilty of material misrepresentation in relation to information provided by the Bidder during the pre-qualification stage and/or in connection with any Solution;

•  the Bidder and/or a member(s) of its supply chain contravene any of the terms and conditions of this ISDS; or

•  there is a change in identity, control, financial standing or other factor impacting on the selection and/or evaluation process affecting the Bidder and/or a member(s) of its supply chain.

The disqualification of a Bidder will not prejudice any other civil remedy available to the Local Authority and will not prejudice any criminal liability that such conduct by a Bidder may attract.