Moved by
Baroness Neville-Rolfe
398: Clause 72, page 46, line 30, leave out “ 28(1)” and insert “ 28(A1)(a)”
399: Clause 72, page 46, line 32, leave out paragraph (b) and insert—
“(b) subsection (3A), (3B) or (3C) applies.
(3A) This subsection applies if, before awarding the public contract, the contracting authority did not know the supplier intended to sub-contract the performance of all or part of the contract.
(3B) This subsection applies if—
(a) the sub-contractor is an excluded or excludable supplier under section 54(1)(b) or (2)(b) (the debarment list), and
(b) before awarding the contract the contracting authority—
(i) sought to determine whether that was the case in accordance with section 28(A1)(b), but
(ii) did not know that it was.
(3C) This subsection applies if—
(a) the sub-contractor is an excluded or excludable supplier under section 54(1)(a) or (2)(a),
(b) the contracting authority requested information about the sub- contractor under section 28(1), and
(c) before awarding the contract, the contracting authority did not know that the sub-contractor was an excluded or excludable supplier.”