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Change 1
As published
72 Sub-contracting: directions
(1) This section applies in relation to a supplier if—
(a) a contracting authority, as a condition of awarding a public contract, required that the supplier sub-contract the supply of certain goods, services or works to another supplier, or
(b) the supplier—
(i) indicated to a contracting authority that it intended to sub-contract all or part of a public contract to another supplier, and
(ii) relied on that other supplier to satisfy any conditions of participation (see section 22(8)).
(2) The contracting authority may direct that the supplier enter into a legally binding arrangement with the other supplier for the purpose of that supplier performing all or part of the contract (as required or indicated).
(3) If a supplier fails to enter into a legally binding arrangement as directed by the contracting authority, the contracting authority may—
(a) choose not to enter into the contract with the supplier,
(b) where subsection (1)(b) applies, direct the supplier to enter into a legally binding arrangement with another appropriate supplier, or
(c) if the contract has already been entered into, terminate the contract.
(4) In subsection (3), an “appropriate supplier” means a supplier that—
(a) is not an excluded supplier, and
(b) could have been relied on in place of the supplier referred to in subsection (1)(b)(ii).
(5) In subsection (1)(a), the reference to a condition of award includes, in the case of a direct award, any condition attaching to the award of a contract.
(6) For the purposes of subsection (1), a supplier is not to be treated as having relied on another supplier to satisfy conditions of participation if the conditions were satisfied by the first supplier alone.
Your change, as a redline
72 Sub-contracting: directions
(1) This section applies in relation to a supplier if—
(a) a contracting authority, as a condition of awarding a public contract, required that the supplier sub-contract the supply of certain goods, services or works to another supplier, or
(b) the supplier—
(i) indicated to a contracting authority that it intended to sub-contract all or part of a public contract to another supplier, and
(ii) relied on that other supplier to satisfy any conditions of participation (see section 22(8)).
(2) The contracting authority may direct that the supplier enter into a legally binding arrangement with the other supplier for the purpose of that supplier performing all or part of the contract (as required or indicated).
(3) If a supplier fails to enter into a legally binding arrangement as directed by the contracting authority, the contracting authority may—
(a) choose not to enter into the contract with the supplier,
(b) where subsection (1)(b) applies, direct the supplier to enter into a legally binding arrangement with another appropriate supplier, or
(c) if the contract has already been entered into, terminate the contract.
(4) In subsection (3), an “appropriate supplier” means a supplier that—
(a) is not an excluded supplier, and
(b) could have been relied on in place of the supplier referred to in subsection (1)(b)(ii).
(5) In subsection (1)(a), the reference to a condition of award includes, in the case of a direct award, any condition attaching to the award of a contract.
(6) For the purposes of subsection (1), a supplier is not to be treated as having relied on another supplier to satisfy conditions of participation if the conditions were satisfied by the first supplier alone.
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