Section 26B: Reservation

26B. Reservation (1) Specific types of works contracts and the estimated contract values, as may be prescribed, shall be reserved for microenterprises, small enterprises and medium enterprises. (2) In this section – “microenterprise”, “small enterprise” and “medium enterprise” have the same meaning as in the Small and Medium Enterprises Development Authority Act. (d) in section 35, by inserting, after subsection (1), the following new subsection – (1A) (a) A public body may, in a bidding exercise, exclude a bidder – (i) whose performance in a previous public contract has been deficient; or (ii) who has failed to deliver goods, works or services satisfactorily, and has caused prejudice to the public body with regard to contractual requirements notwithstanding that the bidder is not disqualified. (e) in section 53 – (i) in subsection (1) – (A) by deleting the words “Policy Office” and replacing them by the word “Director”; (B) by adding the following new paragraphs, the full stop at the end of paragraph (f) being deleted and replaced by a semicolon and the word “or” at the end of paragraph (e) being deleted – (g) submitting a bid which contains inaccurate or Acts 2017 259 inadequate information with a view to misleading a public body or the Board regarding the eligibility or responsiveness of its bid; (h) refusing, where no bid security is required, to accept an award made to it and to enter into a contract with a public body, except in a situation of force majeure; (i) repeated failure, in the performance of one or more contracts by the supplier, contractor or consultant, to comply with the terms and conditions of the contract or the specifications, as the case may be; (j) committing a material breach of contract; or (k) without the prior written approval of the public body, unlawfully assigning or subcontracting any of its obligations under a contract. (ii) in subsection (2), by deleting the words “Policy Office” and replacing them by the word “Director”.