38. The Chief Electoral Officer may refuse to consider the tender of a supplier for whom the Chief Electoral Officer produced, in the 2 years preceding the date of opening of tenders, an unsatisfactory performance report, which evaluation was upheld pursuant to section 73, if the nature of the contract in question is the same.
In addition, the Chief Electoral Officer may refuse to consider the tender of a supplier who previously omitted to follow up a tender submitted to the Chief Electoral Officer or a contract entered into in the 2 years preceding the date of opening of tenders, except if the Chief Electoral Officer enforced owing to that omission a guarantee the Chief Electoral Officer had required.