Local and certain other public authorities1 must exercise their functions in relation to public works and public supply contracts2 without reference to non-commercial matters3. The duty arises whenever the authority exercises one of the following functions4:
(1) including persons in or excluding5 persons from approved lists of contractors6 or lists of persons who may be invited to tender7;
(2) accepting or refusing the submission of tenders8;
(3) selecting the person with whom to enter into the contract9;
(4) giving or withholding approval for, or selecting or nominating, sub-contractors10; and
(5) terminating contracts11.
For these purposes non-commercial matters relate to12: (a)
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