Eligibility and selection in public procurement—exclusion criteria
Produced in partnership with Dr Sharon Fitzgerald of DLA Piper and Gavin Deeprose of DLA Piper

The following Public Law practice note produced in partnership with Dr Sharon Fitzgerald of DLA Piper and Gavin Deeprose of DLA Piper provides comprehensive and up to date legal information covering:

  • Eligibility and selection in public procurement—exclusion criteria
  • Brexit impact—public procurement
  • Public procurement reform
  • Eligibility and selection
  • Key documents
  • Mandatory grounds for exclusion
  • Discretionary grounds for exclusion
  • Exclusion for poor performance
  • Duration of exclusion
  • Exceptions and self-cleaning
  • More...

Eligibility and selection in public procurement—exclusion criteria

A contracting authority cannot award a public contract regulated by the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, without following a public procurement process, which incorporates two distinct stages:

  1. qualification and selection of tenderers, and

  2. evaluation of tenders, submitted by shortlisted tenderers

This is the first of two Practice Notes examining the first stage of the procurement process. It sets out key considerations for contracting authorities seeking to exclude tenderers from the procurement process, on the basis of criminal convictions or as a result of circumstances, which question their professional honesty, solvency and reliability.

The second of these Practice Notes looks at how to further down‑select tenderers by evaluating the economic strength and technical/professional ability of those participants, who have not been excluded. See Practice Note: Eligibility and selection in public procurement—selection criteria.

Brexit impact—public procurement

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

Public procurement reform

The UK government has published proposals to reform the English public procurement regime. Should these reforms be enacted, the contents of this Practice Note will be affected. For background reading, see News Analysis:

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