Following the introduction of the Procurement Act earlier this year, which has strengthened rules to prevent suppliers who pose particular risks from taking part in public procurement, companies caught breaking competition law now face being excluded from public sector contracts under a new exclusion and debarment regime.
Companies that participate in anti-competitive behaviour, such as bid rigging and cover pricing, risk mandatory exclusion from individual public procurements, as well as being added to the new central debarment list, which would result in automatic exclusion from all public procurements for up to five years. Companies may avoid exclusion if they can demonstrate that they have ‘self-cleaned’ and the circumstances that led to the exclusion are not continuing or are unlikely to occur again. Any company that has acted illegally, or witnesses or suspects another company of doing so, is advised to contact the Competition and Markets Authority (CMA).
Build UK has published guidance on preventing anti?competitive behaviour in construction with the support of Wedlake Bell LLP, and a copy of this is available to CFA members via our member area.
