Reasons for exclusion

In addition to the suitability criteria (expertise, performance and reliability), the contracting authority also checks whether there are grounds for exclusion. Certain bidders can or must be excluded from the award procedure, e.g. in accordance with the provisions of Sections 123, 124 GWB, Section 16 EU VOB/A and Section 42 (1) VgV and Section 31 (1) UVgO. A general distinction is made between mandatory and optional grounds for exclusion.

Mandatory grounds for exclusion include criminal convictions for money laundering or bribery, forced labour, financing of terrorism or non-payment of duties, taxes or social security contributions.

Optional grounds for exclusion are, for example, violations of social, labour or environmental obligations, unlawful agreements on competition, insolvency or insolvency, and deception of the customer. If there are optional grounds for exclusion, the contracting authority must decide on exclusion at its discretion.

Violations of formal requirements, failure to meet deadlines, impermissible changes to the tender documents, etc. can also lead to exclusion of the bid. It is difficult or impossible to give a conclusive list of reasons for exclusion. It is best for the bidder to obtain information on his specific case beforehand.