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The Impact of the new UK Public Contracts Regulations 2015: Mandatory Exclusion Grounds – Regulation 57

Tuesday February 10th, 2015

PASS is running training events on The Impact of the new UK Public Contracts Regulations 2015. You cannot afford to be caught out, book your training HERE now!

 

One of the interesting aspects of the new UK Public Contracts Regulations 2015 is the extension to the grounds for Mandatory Exclusion.

There has been an extension to the criminality exclusion, with the addition of terrorism, terrorist financing, human trafficking and child labour as grounds for immediate removal from the process.PASS New UK Public Contracts Regulations 2015

Indeed, the scope of such exclusion extends considerably to potentially include members of the company’s staff who have been convicted by final judgment and are a member of the administrative, management or supervisory body of the supplier or have powers of representation, decision or control within the company.

The new Regulations also make provision for contracting authorities to exclude organisations guilty of non-payment of taxes or social security contributions, where this has been proven through a binding and final decision through the courts or, presumably through HMRC.

As is the way with the UK Regulations, of course, there are exceptions to the mandatory exclusions

There is the allowance to permit a period of exemption, for tax issues, but the Regulations suggest this should only be on an exceptional basis.

More interestingly, given the criminality scope, there is also an exemption to excluding if the authority can prove there is overriding reason in the public interest, such as public health or environmental protection.

Words: Eddie Regan  (Senior PASS Consultant) (@Eddie_Regan)

 

PASS also runs additional procurement training events for the public and private sector, including Drafting a Compliant PQQ, Writing a Tender SpecificationPre-Qualifying for Tenders and Preparing Perfect Tenders.  To view the brand new schedule of events, click HERE

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