--- title: "Supplier Exclusion and Debarment Under the Procurement Act 2023: A Pre-Award Decision Checklist" canonical: "https://prestigecommercialconsulting.co.uk/articles/procurement-act-2023-supplier-exclusion-debarment-checklist" author: "Prestige Commercial Consulting Limited" category: "Governance and Risk" published: "2026-10-05" modified: "" read_time: "6 min read" keywords: ["UK public procurement", "Governance and Risk", "Procurement Act 2023", "supplier readiness"] --- # Supplier Exclusion and Debarment Under the Procurement Act 2023: A Pre-Award Decision Checklist Exclusion and debarment are distinct risk controls. This pre-award checklist helps public buyers check the debarment list, assess relevant grounds, consider supplier evidence and record a defensible decision. A contracting authority should not treat supplier exclusion as a box-ticking exercise immediately before award. Under the Procurement Act 2023, the decision depends on the relevant ground, the people or organisations to whom it applies, and whether the circumstances are continuing or likely to occur again. Debarment adds a centrally published list that must be checked in a covered procurement. The correct outcome is not always exclusion. Some grounds are mandatory; others give the authority discretion. A fair decision needs an evidence trail showing what was checked, what the supplier was asked, and why the resulting risk was acceptable or not. ## What is the difference between exclusion and debarment? **Exclusion** is the authority's assessment in a particular procurement. An “excluded supplier” is subject to a mandatory ground and must generally be excluded. An “excludable supplier” is subject to a discretionary ground and may be excluded. The [Cabinet Office guidance on exclusions](https://www.gov.uk/government/publications/procurement-act-2023-guidance-documents-procure-phase/guidance-exclusions-html) explains the definitions and exceptions. **Debarment** is a separate ministerial decision to place a supplier on a published list. The [Cabinet Office debarment guidance](https://www.gov.uk/government/publications/procurement-act-2023-guidance-documents-procure-phase/guidance-debarment-html) says authorities must check the list in each covered procurement. An entry identifies the ground and whether it is mandatory or discretionary. A supplier that is not on the list can still require an authority's own exclusion assessment; absence from the list is not a clean bill of health. ## Step 1: establish the procurement and supplier perimeter Record which regime governs the procurement and when it commenced. Identify the bidding entity, intended subcontractors, associated persons and relevant connected persons. Group structures and delivery models matter: checking only the name on a tender cover sheet may miss the entity actually relying on another organisation's capability. Ask proportionate questions and use the information supplied through the central digital platform where relevant. Keep declarations, clarifications and evidence requests together so the assessment can be repeated if circumstances change during the competition. ## Step 2: check the debarment list at the right stages Check before allowing a supplier to participate and again before deciding to award. Record the date, names searched and result. The guidance distinguishes mandatory and discretionary entries and identifies limited exceptions. If a name or relationship appears to match, verify identity and the precise ground before drawing a conclusion. A live procurement can change. A supplier may be added to the list after the participation stage. Tender documents should explain how the authority will handle a material change in eligibility while maintaining equal treatment. ## Step 3: assess the ground, not the headline Identify the Schedule 6 or Schedule 7 ground being considered and the evidence supporting it. Ask whether the statutory time period and any relevant person tests are met. Then assess whether the circumstances giving rise to the ground are continuing or likely to recur. The legislation is framed as a risk assessment, not an automatic punishment for historic conduct. Where the supplier offers evidence of remediation or “self-cleaning”, assess the substance: governance changes, cooperation, compensation, control improvements and evidence that the conduct will not recur. A polished policy document alone may not address the underlying risk. Give the supplier a fair opportunity to respond as required by the applicable process, and record the response accurately. ## Step 4: document the decision and notifications The decision record should identify the ground, affected entity, evidence considered, risk assessment, supplier representations, applicable mandatory or discretionary rule and decision-maker. If the authority takes action under the exclusions regime, check the statutory notification duty and time limit described in the official guidance. A procurement team should involve legal colleagues early where facts or relationships are contested. Do not conflate conditions of participation with exclusion. Conditions test legal and financial capacity or technical ability to perform this contract. Exclusion addresses specified risks arising from conduct or circumstances. Keeping the two assessments separate makes both easier to explain. ## The practical pre-award test Before award, ask four questions: Have we checked the correct entities and current list? Have we identified a specific ground rather than a general concern? Have we considered the supplier's evidence and the risk of recurrence? Can a reviewer understand the result from the file without reconstructing the whole procurement? A defensible decision is one that is proportionate, timely and traceable. It protects the authority and suppliers by showing how the rule was applied to the facts of this competition. **Primary sources:** [Guidance on exclusions](https://www.gov.uk/government/publications/procurement-act-2023-guidance-documents-procure-phase/guidance-exclusions-html) and [guidance on debarment](https://www.gov.uk/government/publications/procurement-act-2023-guidance-documents-procure-phase/guidance-debarment-html). This article provides general procurement guidance, not legal advice. Complex exclusion decisions require advice on the applicable facts and legislation. ## About this article Published by [Prestige Commercial Consulting Limited](https://prestigecommercialconsulting.co.uk/about). Canonical HTML: [https://prestigecommercialconsulting.co.uk/articles/procurement-act-2023-supplier-exclusion-debarment-checklist](https://prestigecommercialconsulting.co.uk/articles/procurement-act-2023-supplier-exclusion-debarment-checklist) This article provides general procurement information and does not constitute legal advice.