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Procurement Act 2023
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Procurement Act 2023, Section 28 is up to date with all changes known to be in force on or before 14 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 28 coming into force by S.I. 2024/716 Sch.
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- Act excluded by S.I. 2024/692 reg. 43
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- s. 115A inserted by S.I. 2024/692 reg. 47(3)
- Sch. 9A inserted by S.I. 2024/692 reg. 47(4)
Prospective
28Excluding suppliers by reference to sub-contractorsU.K.
This section has no associated Explanatory Notes
(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.
Commencement Information
I1S. 28 not in force at Royal Assent, see s. 127(2)
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