Debarment for bribery convictions
Produced in partnership with Will Glover of 3 Temple Gardens
Debarment for bribery convictions

The following Local Government practice note produced in partnership with Will Glover of 3 Temple Gardens provides comprehensive and up to date legal information covering:

  • Debarment for bribery convictions
  • Brexit impact—public procurement
  • What is debarment from public procurement?
  • Where does the power to debar a company come from?
  • When will mandatory debarment apply for bribery convictions?
  • Exceptions to mandatory debarment
  • Discretionary debarment
  • Duration of debarment
  • Enforcement of debarment
  • Cross jurisdictional issues
  • More...

Brexit impact—public procurement

The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from the EU. For general updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement.

What is debarment from public procurement?

Debarment is the exclusion of a company from entering into public contracts whether as a supplier, contractor or service provider. It applies automatically where an economic operator (eg a company) has been convicted of certain bribery offences, fraud (where the offence affects the financial interests of the EU) and money laundering. Debarment is often referred to as 'exclusion' or 'blacklisting' (See: Debarment Offences checklist).

The UK public sector spend on procurement of goods and services, accounts for 33% of public sector spending. As such, debarment can be very damaging to a company by denying it the ability to gain new business in the public sector. Debarment of a company for any significant length of time may therefore result in the economic destruction of that company. It would be unable to obtain public sector work which could have knock on effects on its liquidity and ability to retain staff. A debarred company may ultimately face being wound up, or broken up and sold. Its

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