OpenLegislation

Regulation 20 ExclusionsI1

England and Wales

F1(1)

Subject to paragraph (1A), a relevant authority must not award a contract to an excluded provider, or select an excluded provider to be party to a framework agreement, and must exclude an excluded provider from a procurement process under these Regulations.

(1A)

The relevant authority may award a contract to a provider that is an excluded provider, or select an excluded provider to be party to a framework agreement, on an exceptional basis, if the relevant authority considers that there are overriding reasons relating to the public interest, including public health.

(2)

The relevant authority may exclude an excludable provider from a procurement process under these Regulations.

(6)

Where a provider provides F2evidence in accordance with section 58 of the Procurement Act 2023, 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.

(7)

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

Annotations

Textual amendments

F1

Reg. 20(1)-(2) substituted for reg 20(1)-(5) (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 28(4)(a) (with reg. 34)

F2

Words in reg. 20(6) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 28(4)(b) (with reg. 34)

Commencement

I1

Reg. 20 in force at 1.1.2024, see reg. 1(1)