Publication - Advice and guidance
Procurement Reform (Scotland) Act 2014: statutory guidance
Guidance on procurement strategies and annual
reports, the sustainable procurement duty,
community benefit and Fair Work requirements,
tenders and award of contracts.
Annex B: Selection of tenderers and award of contracts
Annex B.1. Exclusion grounds
The table below lists the mandatory and discretionary exclusion grounds, which apply to regulated procurements.
Self-cleansing
In all cases an economic operator is able to provide evidence that it has taken remedial action to demonstrate its reliability.
| Exclusion ground | Mandatory exclusion ground | Discretionary exclusion grounds |
|---|---|---|
Conviction by final judgement of a criminal offence
|
√ | |
| Breach of The Employment Relations Act 1999 (Blacklists) Regulations 2010 | √ | |
Breach of tax and social security obligations
|
Contracts under the Public Contracts (Scotland) Regulations 2015 √ | Regulated contracts below the thresholds of the Public Contracts (Scotland) Regulations 2015 √ |
Breach of tax and social security obligations
|
√ | |
| Breach of environmental, social and labour laws | √ | |
| Economic operator is subject to bankruptcy, insolvency or winding up proceedings | √ | |
| Grave professional misconduct, which renders the economic operator's integrity questionable | √ | |
| Where the contracting authority has sufficiently plausible indications that the economic operator has entered into agreements with other economic operators to distort competition | √ | |
| Conflict of interest which cannot be effectively remedied by other less intrusive measures | √ | |
| Distortion of competition from the prior involvement of the economic operator in the preparation of the procurement exercise, that cannot be remedied by other less intrusive measures | √ | |
| Economic operator has shown significant or persistent deficiencies in the performance of a substantive requirement under a previous contract, which led to early termination of that contract, damages or other comparable sanctions | √ | |
| Economic operator is guilty of serious misrepresentation in supplying the information required for the verification of absence of grounds for exclusion or fulfilment of the selection criteria | √ | |
| Economic operator has undertaken to unduly influence the decision making process of the organisation, to obtain confidential information to gain undue advantages or to negatively provide misleading information that may have a material influence on decision concerning exclusion, selection and award | √ | |
Conviction by final judgement of a criminal offence
|
√ | |
| Breach of The Employment Relations Act 1999 (Blacklists) Regulations 2010 | √ | |
Breach of tax and social security obligations
|
Regulated contracts under the Public Contracts (Scotland) Regulations 2015 √ | Regulated contracts √ |
Breach of tax and social security obligations
|
√ | |
| Economic operator is subject to bankruptcy, insolvency or winding up proceedings | √ |
Contact
Email: scottishprocurement@gov.scot