Yes – see Regulations 34(25) and 34(26) – you can remove a Supplier if they no longer meet selection criteria (and therefore an exclusion ground applies).
In respect of scoring supplier performance, we assume that this question refers to scoring supplier performance during the lifetime of the DPS and sharing such data with other suppliers within the same category on the DPS. Contractually, it may be possible to remove a supplier from a DPS due to issues of poor performance, however we would advise that this process is clearly defined within the DPS contract documents. Further, prior to removing such supplier from the DPS, we would recommend that the supplier is provided with the opportunity to present their response to any allegation of poor performance to ascertain whether the customer(s) itself had contributed to the poor performance.
Finally, in respect of sharing this data with other suppliers within the relevant category of the DPS, we suspect that this could be problematic from the perspective the supplier concerned, and the supplier may seek to prohibit the publication of this information. Indeed, the supplier may be successful in seeking legal redress, if the authority managing the DPS/removing the supplier from the DPS, is not able to produce clear evidence that the supplier had indeed performed poorly. The supplier may also allege that it has suffered, or risks suffering loss as a result of such information being published (e.g. loss of future public contracts etc.).