Self-cleaning

If the contracting authority establishes the existence of a mandatory or optional ground for exclusion, the bidder has the option of so-called self-cleaning in order to avert exclusion from the award procedure. Self-cleaning refers to measures that a company can take to restore its integrity and avoid renewed misconduct in the future. Section 125 GWB and Section 6f EU VOB/A specify what such self-cleaning can look like.

The company in question can, for example, compensate for damages, actively promote the clarification of criminal acts or misconduct, or take and prove concrete measures to prevent future criminal acts or misconduct. The contracting authority evaluates the self-cleaning measures taken by the company and checks whether this means that exclusion can be dispensed with.

Even without self-cleaning, a company that has realized grounds for exclusion may not remain excluded from all future award procedures. Above the EU thresholds, the following applies: In the case of compelling reasons, exclusion may take place for a maximum of 5 years, and in the case of optional reasons, for a maximum of 3 years.