Exclusion grounds and the debarment list explained

The debarment list is a list, kept and published by a Minister, of suppliers that a government investigation found to be excluded or excludable from public contracts (Procurement Act 2023, section 62). Separately, every buyer considers exclusion grounds itself on each procurement (exclusions guidance, para 12), and you declare yours whether or not you think any apply.

This guide explains the labels, the grounds by heading, how far back buyers look, what self-cleaning means and how the list works. It is part of our guide on how to win public sector contracts. It isn’t legal advice.

Excluded or excludable: the two labels

A supplier is an excluded supplier if the buyer considers that a mandatory exclusion ground applies to it or an associated person, and the circumstances are continuing or likely to happen again. It is also excluded if it is on the debarment list for a mandatory ground (section 57(1)).

A supplier is an excludable supplier on the same test for a discretionary ground (section 57(2)). Mandatory grounds are in Schedule 6 and discretionary grounds in Schedule 7 (section 57(6)–(7)).

The difference is what the buyer does. The guidance says: “Contracting authorities must exclude an excluded supplier and may exclude an excludable supplier” (para 12). For private utilities, an excluded supplier is treated as excludable (section 57(4)). See excluded and excludable suppliers.

The mandatory grounds (Schedule 6)

Schedule 6 groups the mandatory grounds under these headings.

Part 1, offences:

• corporate manslaughter or corporate homicide
• terrorism
• theft, fraud, bribery etc
• labour market, slavery and human trafficking offences
• organised crime
• tax offences
• cartel offence
• ancillary offences
• offences committed outside the United Kingdom

Part 2, other grounds:

• national security
• misconduct in relation to tax
• competition law infringements
• equivalents outside the United Kingdom
• failure to cooperate with investigation

We don’t explain the elements of any offence here. If you think one might apply to you, take legal advice.

The discretionary grounds (Schedule 7)

Schedule 7 has eight headings:

• labour market misconduct
• environmental misconduct
• insolvency, bankruptcy, etc
• potential competition infringements
• professional misconduct
• breach of contract and poor performance
• acting improperly in procurement
• national security

Breach of contract and poor performance

This heading is the one to read if you have public sector contract history. Under paragraph 12 of Schedule 7, it covers:

• a breach of a relevant contract that was sufficiently serious, which means it led to termination (in whole or in part), an award of damages, or a settlement agreement
• not performing a contract to the regulated authority’s satisfaction, after being given a proper opportunity to improve and failing to
• information a buyer published under section 71(5) about breach or poor performance

Under section 71(5), a buyer must publish information about such a breach or failure within 30 days. Our glossary explains the contract performance notice.

Who it covers: you, your partners and your sub-contractors

Exclusion isn’t only about the company bidding.

• Associated persons. These are people you rely on to meet the conditions of participation. Guarantors are treated differently (exclusions guidance, paras 33–34).
• Connected persons. These include people with significant influence or control, directors and shadow directors, parent and subsidiary companies, and predecessor companies. The guidance says sister companies are not connected persons unless they fall into another category (paras 41–42).
• Sub-contractors. Under section 28, the buyer must ask whether you intend to sub-contract and must check any intended sub-contractor against the debarment list. Buyers must check intended sub-contractors and associated persons (debarment guidance para 15). Before it disregards your tender, the buyer must notify you and give you a reasonable opportunity to find an alternative sub-contractor.

So check partners before you name them in a bid.

How far back buyers look

For mandatory grounds, the decision-maker “must ignore any event that occurred before the five-year period ending with the date on which the determination is made” (Schedule 6, paragraph 44(1)).

Discretionary grounds have their own time limits in paragraph 15 of Schedule 7, and for some grounds the window is shorter. The guidance explains the periods, including that some older events can’t be considered because they happened before the Schedules came into force (exclusions guidance, paras 27 and 29). The detail depends on the ground.

Self-cleaning: showing it won’t happen again

Both labels turn on whether the circumstances are continuing or likely to occur again. In deciding that, section 58(1) lets the buyer consider:

• evidence that you have taken the circumstances seriously, for example by paying compensation
• steps you have taken to prevent them continuing or happening again, for example changing staff or management, or putting procedures and training in place
• commitments to take such steps, or to provide information or access so they can be verified or monitored
• the time that has passed since the circumstances last occurred
• any other evidence, explanation or factor the buyer considers appropriate

Before deciding, the buyer must give you a reasonable opportunity to make representations and provide evidence (section 58(2)). It can’t require particular evidence unless the requirement is proportionate in the circumstances (section 58(3)).

The burden sits with you: “It is for the supplier to demonstrate it has self-cleaned” (exclusions guidance, para 61). Keep a dated file of what changed and why.

The debarment list

• Investigation first. A Minister of the Crown can add a supplier only after investigating under section 60, or after considering an investigation by the Welsh Ministers or a Northern Ireland department (section 62(1)). The debarment guidance says an investigation is a prerequisite (para 4). Buyers other than devolved Welsh and transferred Northern Ireland authorities notify the Debarment Review Service, which sits within the Government Commercial Agency (para 22).
• What an entry says. The ground, whether it is mandatory or discretionary, and the date the Minister expects it to stop applying (section 62(4)).
• Notice and standstill. The Minister must notify you of the decision, and of your rights, first. The name can’t be added until eight working days later, the “debarment standstill period” (section 62(5)–(6)).
• Published. The Minister must publish the list, including any amended version (section 62(11)). The guidance says it will be published on gov.uk, and that buyers must check it (paras 14–15).
• Effect. For a mandatory entry, a buyer “must not allow the supplier to bid in a competitive flexible procedure or be awarded a public contract”, with narrow exceptions (para 16). For a discretionary entry, a buyer may still allow a bid, after careful review (para 17).
• How long. A supplier “will usually remain on the debarment list for up to 5 years” (para 31). The Minister must remove an entry if the supplier is no longer excluded or excludable on that ground (section 62(10)).
• Challenging it. You can apply for removal or revision at any time (section 64). The Minister only has to consider it if there has been a material change of circumstances, or the application includes significant information not considered before. Appeals go to court within 30 days, on the ground of a material mistake of law (section 65; guidance para 39).

There is a short debarment list glossary entry.

What you declare, and when

Exclusion grounds are one of the four parts of core supplier information on the Central Digital Platform (guidance para 59). Our guide on registering on the platform covers the sign-up.

Suppliers self-declare any exclusion grounds that apply, giving supporting details and evidence of self-cleaning (exclusions guidance, para 67). That information goes through the platform before the end of the tendering period (para 70).

If a buyer excludes a supplier on a relevant ground, it must notify the appropriate authority within 30 days (section 59(2)). For buyers other than devolved Welsh or transferred Northern Ireland authorities, that is a Minister of the Crown (section 59(6)). Exclusion grounds are one of the knock-out questions to settle early.

Scotland

Devolved Scottish authorities are generally outside the Act (section 2(5)(a)) and use the Public Contracts (Scotland) Regulations 2015. Their exclusion rules differ, and we don’t describe them here. See tenders in Scotland.

Your next step

Tell us your trade and postcode to join the free weekly list of live tenders, starting soon. On Pro (£49/month), notices that fit your trade and area are checked against what each states about insurance, certifications and location, and you get an email each morning on days with new matches.

Our check doesn’t assess exclusion grounds; that’s between you and the buyer.