Procurement Act 2023 Changing Landscape, Issue 8: Exclusion Under The Procurement Act 2023

As part of our ongoing series, changing landscape, this insight explores the new approach under the Procurement Act 2023 (the Act) which permits contracting authorities to exclude suppliers from participating in its public procurements. While many of the mandatory and discretionary grounds are consistent, the approach set out below is quite different from the current regime in regulation 57 of the Public Contracts Regulations 2015.

Under the Act, contracting authorities will be required to consider whether suppliers are "excluded suppliers" or "excludable suppliers" (see below) and:

• must disregard tenders from excluded suppliers. A contracting authority may also disregard tenders from excludable suppliers;