PART 3

Award of public contracts and procedures
CHAPTER 2

Competitive award

Exclusions and modifications

Excluding suppliers by reference to sub-contractors
28
1
A contracting authority must as part of a competitive tendering procedure—
a
request information about whether a supplier intends to sub-contract the performance of all or part of the public contract, and
b
seek to determine whether any intended sub-contractor is on the debarment list.
2
A contracting authority may, as part of a competitive tendering procedure, request information for the purpose of determining whether any intended sub-contractor is an excluded or excludable supplier.
3
If, after requesting information under subsection (1) or (2), a contracting authority considers that a supplier intends to sub-contract to a supplier that is an excluded supplier, the contracting authority must—
a
treat the supplier as an excluded supplier for the purpose of assessing tenders under section 19, and
b
exclude the supplier from participating in, or progressing as part of, the competitive tendering procedure.
4
If, after requesting information under subsection (1) or (2), a contracting authority considers that a supplier intends to sub-contract to a supplier that is an excludable supplier, the contracting authority—
a
must treat the supplier as an excludable supplier for the purpose of assessing tenders under section 19, and
b
may exclude the supplier from participating in, or progressing as part of, the competitive tendering procedure.
5
Before disregarding a tender or excluding a supplier under subsection (3) or (4), a contracting authority must—
a
notify the supplier of its intention, and
b
give the supplier reasonable opportunity to find an alternative supplier with which to sub-contract.
6
In this section, a reference to a supplier participating in a competitive tendering procedure is a reference to a supplier participating beyond the initial submission of tenders or requests to participate.
7
Subsections (3) and (4) do not apply if the intended sub-contractor is an associated person.
S. 28 not in force at Royal Assent, see s. 127(2)
S. 28 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. 28 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))