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The Government should assess how frequently the new discretionary powers are being used across public...
Recommendation
The Government should assess how frequently the new discretionary powers are being used across public sector buyers by analysing the reports on excludable suppliers submitted to the Procurement Review Unit by Contracting Authorities. If it appears the discretionary powers are being underused, or there is a wide variance in the range of use, Government should consult with Contracting Authorities to understand why this is the case and explore whether further support is required. (Recommendation, Paragraph 224)
Government Response
Response Pending
Government Response
Response Pending
HM Government
Response Pending
The Procurement Act outlines the process for considering exclusions which contracting authorities must follow. The Act distinguishes between mandatory and discretionary exclusion grounds. Mandatory exclusion grounds cover the most serious, high risk scenarios. Discretionary exclusion grounds represent situations that may pose unacceptable risks. Where a discretionary exclusion ground applies, contracting authorities have an option to exclude suppliers on a case-by-case basis. It is the responsibility of contracting authorities to consider whether bidders meet the grounds for exclusion, and if appropriate to then exclude them from a competition. Discretion provides contracting authorities with the flexibility to consider the list of factors that are relevant based on the procurement in question. As the list of factors and potentially applicable exclusion grounds that are relevant will change, based on the procurement and the relevant supplier’s circumstances, it would not be appropriate to set a general baseline as to how frequently suppliers should be excluded on the basis of discretionary grounds. Contracting authorities must notify the Procurement Review Unit in the Cabinet Office, via the notification form on the PRU landing page on gov.uk, within 30 days of excluding a supplier, stating the exclusions ground.
Source
Committee
Human Rights (Joint Committee)
Report
6th Report - Forced Labour in UK Supply Chains
24 Jul 2025
HC 633
Addressee Bodies
Ministry of Justice
Timeline
Recommendation age
0.9 yr
Report published
24 Jul 2025