The following Local Government Q&A produced in partnership with Victoria Searle of Browne Jacobson provides comprehensive and up to date legal information covering:
The Public Contract Regulations 2015 (PCR 2015), SI 2015/102, reg 57(1) requires contracting authorities to exclude an economic operator from participation in a procurement procedure where that operator has been convicted of any one of a number of specified offences. The particular offences that give rise to mandatory exclusion are laid out in PCR 2015, SI 2015/102, reg 57(1)(a)–(m) and include:
fraud affecting the European Communities’ interests
modern slavery offences, and
A conviction for a breach of health and safety law does not fall within any of these categories of offences giving rise to mandatory exclusion.
However, under PCR 2015, SI 2015/102, reg 57(8) contracting authorities may also exclude an economic operator from a procurement procedure: ‘where the contracting authority can demonstrate by any appropriate means a violation of applicable obligations referred to in PCR 2015, SI 2015/102, reg 56(2)’.
PCR 2015, SI 2015/102, reg 56(2) states that:
‘Contracting authorities may decide not to award a contract to the tenderer submitting the most
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