Question to the Cabinet Office:

To ask His Majesty's Government when the performance of a firm under other government and public sector contracts can or cannot be taken into account when deciding to which firm to award a new contract to.

The Procurement Act 2023 expands the grounds for excluding suppliers for poor performance on any contract involving a public authority. In addition to the previous applicable exclusion grounds, which required contract breach or termination, authorities can now also exclude suppliers who failed to rectify poor performance under a contract with a public authority despite an opportunity to do so, provided the issue is continuing or likely to recur. To inform these decisions, performance data is shared via public notices for contracts awarded under the Procurement Act, and a new centralised debarment list records certain suppliers who may or must be excluded. Contracting authorities must assess suppliers individually for exclusion prior to contract award.