OpenLegislation

Paragraph 12 Breach of contract and poor performanceI1I2C1

United Kingdom

(1)

A discretionary exclusion ground applies to a supplier if—

(a)

the supplier has breached a relevant contract, and

(b)

the breach was sufficiently serious.

(2)

A discretionary exclusion ground applies to a supplier if—

(a)

a court has ruled that the supplier breached a relevant contract, and

(b)

the breach was sufficiently serious.

(3)

A discretionary exclusion ground applies to a supplier if the supplier—

(a)

has not performed a relevant contract to the regulated authority’s satisfaction,

(b)

was given proper opportunity to improve performance, and

(c)

failed to do so.

(4)

A discretionary exclusion ground applies to a supplier if a contracting authority has published information under section 71(5) in respect of the supplier (information concerning either breach or poor performance).

(5)

For the purposes of this paragraph, a breach of a contract is “sufficiently serious” if it results in—

(a)

termination (or partial termination) of the contract,

(b)

the award of damages,

(c)

a settlement agreement between the supplier and the regulated authority.

(6)

In this paragraph—

  • “regulated authority” means—

    1. (a)

      a contracting authority,

    2. (b)

      another public authority, or

    3. (c)

      an authority outside the United Kingdom that the decision-maker considers to be equivalent;

  • “relevant contract” means a contract to which a regulated authority is party.

Annotations

Modifications

C1

Sch. 7 applied (24.2.2025) by S.I. 2013/1582, reg. 6(2), Sch. 2 Pt. 1 (as amended by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17 (with reg. 33))

Commencement

I1

Sch. 7 para. 12 not in force at Royal Assent, see s. 127(2)

I2

Sch. 7 para. 12 in force at 24.2.2025 by S.I. 2024/716, Sch. (as amended by S.I. 2024/959, regs. 1(2), 2(7)(a))