PART 3

Award of public contracts and procedures
CHAPTER 2

Competitive award

Exclusions and modifications

Excluding suppliers from a competitive award
26
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).
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))
S. 26 not in force at Royal Assent, see s. 127(2)
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))