OpenLegislation

Section 26 Excluding suppliers from a competitive awardI1I2C1

United Kingdom

(1)

In assessing tenders under section 19, a contracting authority must disregard any tender from a supplier that is an excluded supplier.

(2)

Before assessing which tender best satisfies the award criteria for the purposes of section 19, a contracting authority—

(a)

must consider whether a supplier is an excludable supplier, and

(b)

may disregard any tender from an excludable supplier.

(3)

If the supplier is an excluded or excludable supplier only by virtue of an associated person being an excluded or excludable supplier, the contracting authority must, before disregarding a tender—

(a)

notify the supplier of its intention to disregard, and

(b)

give the supplier reasonable opportunity to replace the associated person.

(4)

In this Act, “associated person” means a person that the supplier is relying on in order to satisfy the conditions of participation (see section 22(8)), but not a person who is to act as guarantor as described in section 22(9).

Annotations

Modifications

C1

S. 26 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

S. 26 not in force at Royal Assent, see s. 127(2)

I2

S. 26 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))