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Section 58 Considering whether a supplier is excluded or excludableI1I2C1

United Kingdom

(1)

In considering, for the purposes of section 57(1)(a) or (2)(a), whether the circumstances giving rise to the application of an exclusion ground are continuing or likely to occur again, a contracting authority may have regard to the following matters—

(a)

evidence that the supplier, associated person or connected person has taken the circumstances seriously, for example by paying compensation;

(b)

steps that the supplier, associated person or connected person has taken to prevent the circumstances continuing or occurring again, for example by changing staff or management, or putting procedures and training in place;

(c)

commitments that such steps will be taken, or to provide information or access to allow verification or monitoring of such steps;

(d)

the time that has elapsed since the circumstances last occurred;

(e)

any other evidence, explanation or factor that the authority considers appropriate.

(2)

Before determining whether a supplier is an excluded supplier under section 57(1)(a) or an excludable supplier under section 57(2)(a), a contracting authority must give the supplier reasonable opportunity to—

(a)

make representations, and

(b)

provide evidence as to whether exclusion grounds apply and whether the circumstances giving rise to any application are likely to occur again (including information of a kind referred to in subsection (1)).

(3)

But a contracting authority may not require particular evidence or information unless the authority is satisfied that the requirements are proportionate in the circumstances, having regard to—

(a)

the nature and complexity of the matters being assessed, and

(b)

where relevant, the preliminary nature of a consideration under section 27(3).

Annotations

Modifications

C1

S. 58 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. 58 not in force at Royal Assent, see s. 127(2)

I2

S. 58 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))