Regulation 20 Exclusions

Subject to paragraph (5), a relevant authority must not award a contract to a provider, and may exclude a provider from a procurement process under these Regulations, where the relevant authority would be obliged to exclude the provider from participation in a procurement procedure under regulation 57 of the Public Contracts Regulations 2015^f1 (exclusion grounds) were the relevant authority the contracting authority and the provider an economic operator under that regulation.

The relevant authority may exclude a provider from a procurement process under these Regulations where the relevant authority would be able, at its discretion, to exclude the provider from participation in a procurement procedure under regulation 57 of the Public Contracts Regulations 2015 were the relevant authority the contracting authority and the provider an economic operator under that regulation.

The period during which the provider is excluded is the period which would apply if the exclusion were an exclusion under regulation 57^f2 of the Public Contracts Regulations 2015.

A provider may provide evidence to the effect that measures taken by the provider are sufficient to demonstrate its reliability despite the existence of a relevant ground for exclusion.

Where a provider provides such evidence and the relevant authority considers such measures to be sufficient, the relevant authority must not exclude the provider from the procurement process.

Where a provider provides such evidence and the relevant authority considers such measures to be insufficient, the relevant authority must give the provider a statement of the reasons for that decision.

This regulation does not apply to a contract based on a framework agreement.