Part 13: General Schedule 7: Discretionary exclusion grounds Breach of contract and poor performance
Paragraph 12 sets out a discretionary ground for exclusion for poor performance or sufficiently serious breaches of prior public contracts.
	Sub-paragraph (3) defines poor performance as where the supplier did not perform a public contract satisfactorily and failed to improve performance despite being given opportunity to do so. This opportunity might be for example a performance improvement plan imposed on the supplier according to the terms of the contract.
	Sub-paragraph (4) provides that the ground is met where a contracting authority has published a notice following an event which would otherwise meet this ground.
	Sub-paragraph (5) defines sufficiently serious breaches as those that led to termination or partial termination of the contract by the authority, the award of damages by a court or a settlement agreement.
	Sub-paragraph (6) sets out other definitions used in this paragraph.