- abante
Self-cleaning
Support with self-cleaning under public procurement law
If a company has been excluded from participating in procurement procedures due to a reason for exclusion under public procurement law, this can have considerable economic consequences. A so-called self-cleaning under public procurement law offers the opportunity to re-qualify as a reliable economic operator and to be released from an existing or impending exclusion from public procurement. We support companies in making this process successful and legally compliant.
What is self-cleaning under public procurement law?
Self-cleaning under public procurement law is a procedure that enables a company to prove its reliability even though there is a reason for exclusion pursuant to Section 123 or Section 124 GWB. The aim is to prove that the company has taken all necessary measures to prevent future violations.
Typical reasons for exclusion that may make self-cleaning necessary are
- Corruption cases
- Violations of antitrust law
- Offenses committed by managers or employees
- Serious misconduct in the performance of the contract
Reasons for rapid self-cleaning
Quick and effective self-cleaning can limit the damage and bring the company back into competition quickly. We ensure that all necessary steps are implemented in a legally compliant and sustainable manner in order to successfully restore the company’s ability to participate.
- abante | KONTAKT
Kontaktieren Sie uns!
- So finden Sie uns
- Hauptstandort Leipzig
-
Lessingstraße 2
04109 Leipzig
Deutschland
- Niederlassung Magdeburg
-
Hegelstrasse 39
39104 Magdeburg
Deutschland
- Niederlassung Berlin
-
Pariser Platz 6 A
10117 Berlin
Deutschland
- Kontakt
- Tel.: +49 341 238203 — 00
- Fax: +49 341 238203 — 29
- E‑Mail: info@abante.de
What steps does self-cleaning involve?
Comprehensive clarification of the facts
The first step in self-cleaning is the complete and transparent clarification of the underlying facts:
- Determination of the causes: Identification of the violations and the persons or processes responsible.
- Analysis of misconduct: Examination of whether systemic weaknesses or individual violations were the cause.
Initiation of remedial measures
Once the facts have been clarified, concrete measures must be taken to restore the company’s reliability:
- Personnel consequences: Separation of responsible persons, if necessary.
- Organizational adjustments: Optimization of internal processes and structures.
- Compliance management systems: Establishment or improvement of systems to prevent future violations.
Cooperation with the authorities
Active and cooperative collaboration with the responsible authorities is crucial for successful self-cleaning:
- Disclosure of the facts: Transparent communication with the awarding authorities or other monitoring institutions.
- Proof of corrective measures: Documentation of the steps taken and submission of corresponding evidence.
Application for restoration of reliability
Once the measures have been completed, a formal application for confirmation of the restoration of reliability is submitted to the relevant awarding authority. This must clearly describe and document the steps taken.
Advantages of self-cleaning
Self-cleaning offers numerous advantages:
- Regaining the ability to participate: The company can once again participate in procurement procedures and win potentially lucrative contracts.
- Reputation and building trust: Responsibility and integrity are signaled through the implementation of effective measures.
- Long-term risk minimization: Improving internal processes and compliance structures protects against future legal violations.
- Competitive advantage: Companies that proactively and effectively implement self-cleaning measures can set themselves apart from the competition.
Our range of services
We offer comprehensive support for self-cleaning:
- Analysis of the initial legal situation: Examination of the existing grounds for exclusion and development of an individual strategy.
- Implementation of self-cleaning: Assistance with clarification, development and implementation of the necessary measures.
- Communication with the authorities: Representation vis-à-vis the responsible awarding authorities and support in the application process.
- Long-term compliance consulting: Development and implementation of an effective compliance system to avoid future risks.
- abante | KONTAKT
Kontaktieren Sie uns!
- So finden Sie uns
- Hauptstandort Leipzig
-
Lessingstraße 2
04109 Leipzig
Deutschland
- Niederlassung Magdeburg
-
Hegelstrasse 39
39104 Magdeburg
Deutschland
- Niederlassung Berlin
-
Pariser Platz 6 A
10117 Berlin
Deutschland
- Kontakt
- Tel.: +49 341 238203 — 00
- Fax: +49 341 238203 — 29
- E‑Mail: info@abante.de