PART 3Award of public contracts and procedures
CHAPTER 2Competitive award
Exclusions and modifications
I129Excluding a supplier that is a threat to national security
1
This section applies if a relevant contracting authority intends to disregard a tender under section 26 or 28 or exclude a supplier under section 27 or 28 on the basis of the discretionary exclusion ground in paragraph 14 of Schedule 7 (threat to national security).
2
The contracting authority may not disregard the tender, exclude the supplier or notify the supplier of its intention unless—
a
the authority has notified a Minister of the Crown of its intention, and
b
the Minister of the Crown considers that—
i
the supplier or an intended sub-contractor is an excludable supplier by reference to paragraph 14 of Schedule 7, and
ii
the tender should be disregarded or supplier excluded.
3
The reference in subsection (2) to a contracting authority notifying a supplier of its intention is a reference to notification in accordance with section 26(3), 27(4) or 28(5).
4
In this section, a “relevant contracting authority” means a contracting authority other than—
a
a Minister of the Crown or a government department,
b
the Corporate Officer of the House of Commons, or
c
the Corporate Officer of the House of Lords.