My tender was rejected on a technicality, can I challenge it?
- 28.08.2026
My company was previously convicted of a workplace safety offence and I am worried we might be blacklisted from government work. Can agencies exclude us from tenders because of past behaviour? I have tried asking around but nobody seems to give me a clear answer.
Agencies can consider a supplier's past conduct when assessing suitability. The Government Procurement Rules allow agencies to set qualification requirements and to decide whether a supplier meets them, and they can exclude suppliers that have been convicted of serious offences, are insolvent or have failed to meet legal obligations, such as tax and employment or health and safety standards. There is no general blacklist, but agencies can ask you to declare relevant convictions and breaches and can take these into account in the assessment of risk. Be honest in declarations, because false statements can lead to exclusion or termination. If you have taken remedial actions, such as improved health and safety systems, document them and include them in your response, since evidence of change can reduce the concern. Ask for the exclusion criteria if you are excluded.
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