PART 3Award of public contracts and procedures

CHAPTER 6General provision about award and procedures

Debarment

I161Investigations under section 60: reports

1

This section applies where an appropriate authority has conducted an investigation under section 60.

2

The Welsh Ministers or a Northern Ireland department—

a

may refer the case to a Minister of the Crown for the Minister’s consideration for the purposes of section 62(1), and

b

if they do so, must provide the Minister with all information relevant to their findings.

3

A Minister of the Crown who has conducted, or considered the findings of, an investigation must—

a

prepare a report in relation to the findings of the investigation,

b

give a copy to the supplier concerned as soon as reasonably practicable after the report is prepared, and

c

publish it.

Paragraphs (b) and (c) are subject to subsection (5).

4

The report must, in particular, set out whether the Minister is satisfied that the supplier is, by virtue of a relevant exclusion ground, an excluded or excludable supplier, and if the Minister is so satisfied—

a

in respect of each applicable relevant exclusion ground—

i

whether it is a mandatory or discretionary ground,

ii

the date on which the Minister expects the ground to cease to apply (see paragraph 44 of Schedule 6 and paragraph 15 of Schedule 7), and

iii

whether the Minister intends to make an entry to the debarment list,

b

in respect of the exclusion ground in paragraph 35 of Schedule 6 (if applicable), the description of contracts in relation to which the Minister—

i

is satisfied the ground applies, and

ii

intends to refer to in a relevant entry in the debarment list, and

c

in each case, the Minister’s reasons.

5

If the Minister considers it necessary to do so for a purpose mentioned in subsection (6), the Minister may—

a

remove information from a report before publishing it or giving it to the supplier concerned;

b

decide not to publish the report;

c

decide not to give the report to the supplier;

d

disclose the report only to such persons as the Minister considers appropriate.

6

The purposes are—

a

safeguarding national security;

b

preventing the publication of information that is sensitive commercial information where there is an overriding public interest in it being withheld from publication or other disclosure.

7

In this section—

  • “relevant exclusion ground” has the meaning given by section 59;

  • “sensitive commercial information” has the meaning given by section 94.