Section 48

It is an implied term of every framework that a contracting authority may exclude a supplier that is an excluded supplier or has, since the award of the framework, become an excludable supplier from participating in any selection process run in relation to the award of a contract under the framework. For the purposes of the term in subsection (1), the reference to a supplier becoming an excludable supplier includes a reference to— a supplier becoming an excludable supplier on the basis of a discretionary exclusion ground that— did not apply before award of the contract, or applied before award of the contract by reference to different circumstances, and a contracting authority discovering that, before award of the contract, the supplier was an excludable supplier. Before excluding a supplier that is an excluded or excludable supplier only by virtue of an associated person, the contracting authority must give the supplier reasonable opportunity to replace the associated person. Any term purporting to restrict or override the term implied by subsection (1) is without effect.

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Source: legislation.gov.uk · retrieved 2026-09-04