PART 3Award of public contracts and procedures

CHAPTER 2Competitive award

Reserving contracts to certain suppliers

32Reserving contracts to supported employment providers

1

A competitive flexible procedure may provide for suppliers that are not supported employment providers to be excluded from participating in, or progressing as part of, the procedure.

2

Subsection (3) applies in relation to the award of a public contract under section 19 if the competitive flexible procedure provides for suppliers to be excluded as set out in subsection (1).

3

In assessing tenders under section 19, a contracting authority must disregard any tender from a supplier that is not a supported employment provider.

4

A “supported employment provider” means an organisation that operates wholly or partly for the purpose of providing employment, or employment-related support, to disabled or disadvantaged individuals where—

a

disabled or disadvantaged individuals represent at least 30 per cent of the workforce of the organisation,

b

if a particular part of the organisation is to perform the contract, disabled or disadvantaged individuals represent at least 30 per cent of the workforce of that part of the organisation, or

c

if more than one organisation is to perform the contract, disabled or disadvantaged individuals represent at least 30 per cent of the combined workforce of—

i

those organisations,

ii

where a particular part of each organisation is to perform the contract, those parts, or

iii

where a combination of organisations and parts is to perform the contract, those organisations and parts.