Regulation 20A Exclusions: sub-contractorsF1

(1)

A relevant authority must as part of a procurement process under these Regulations—

(a)

request information about whether a provider intends to sub-contract the performance of all or part of the contract, and

(b)

seek to determine whether any intended sub-contractor is on the debarment list.

(2)

A relevant authority may, as part of a procurement process under these Regulations, request information for the purpose of determining whether any intended sub-contractor is an excluded or excludable provider.

(3)

Subject to paragraph (4), if after requesting information under paragraph (1) or (2) a relevant authority considers that a provider intends to sub-contract to a provider that is an excluded provider, the relevant authority must exclude the provider from the procurement process.

(4)

A relevant authority may award a contract to a provider that would otherwise be excluded from the procurement process under paragraph (3) if the relevant authority considers that there are overriding reasons relating to the public interest, including public health.

(5)

If, after requesting information under paragraph (1) or (2), a relevant authority considers that a provider intends to sub-contract to a provider that is an excludable provider, the relevant authority may exclude the provider from the procurement process.

(6)

Before excluding a provider under paragraph (3) or (5), a relevant authority must—

(a)

notify the provider of its intention, and

(b)

give the provider reasonable opportunity to find an alternative provider with which to sub-contract.

Annotations

Textual amendments

F1: Regs. 20A-20D inserted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 28(5) (with reg. 34)