Regulation 26 Exclusions: sub-contractors
As part of a procurement process, a relevant authority must—
request information about whether a provider intends to sub-contract the performance of all or part of the contract, and
seek to determine whether any intended sub-contractor is on the debarment list.
A relevant authority may, as part of a procurement process, request information for the purpose of determining whether any intended sub-contractor is an excluded or excludable provider.
If, after requesting information under paragraph (1) or (2), a relevant authority considers that a provider intends to sub-contract to a sub-contractor that is an excluded provider, the relevant authority must exclude the provider from the procurement process.
Paragraph (3) does not apply where the relevant authority considers awarding a contract to or concluding a framework agreement with an excluded provider is necessary to protect public health.
If, after requesting information under paragraph (1) or (2), a relevant authority considers that a provider intends to sub-contract to a sub-contractor that is an excludable provider, the relevant authority may exclude the provider from the procurement process.
Before excluding a provider under paragraph (3) or (4), a relevant authority must—
notify the provider of its intention, and
give the provider reasonable opportunity to find an alternative sub-contractor with which to sub-contract.
In this regulation “debarment list” means the list kept under section 62 (debarment list) of the 2023 Act.