European Public Procurement Law – From Grave Misconduct to Minor Technical Mistakes: Grounds for Exclusion and How to Protect Oneself

This presentation discusses grounds for exclusion of economic operators from participation in a procurement procedure under Directive 2014/24/EU and controversial issues arising therefrom. Attention is also paid to rules limiting exclusion and the concept of "self-cleaning" to avoid exclusion.

Dr Pascal Friton

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Question 1 of 3

Question 1: Which of the following statements is true with regard to exclusion grounds under Directive 2014/24/EU?

Contracting authorities can decide on a case-by-case basis to exclude or not economic operators convicted of terrorist activities.

Non-fulfilment of social security contributions obligations is a discretionary ground for exclusion.

Conduct of the management board of the economic operator cannot lead to the latter’s exclusion from the procurement procedure.

Conviction of non-payment of taxes is a mandatory exclusion ground.

Question 2 of 3

Question 2: Which of the following is not a discretionary exclusion ground under Directive 2014/24/EU?

Deficiencies in the performance of prior contracts.

Corruption.

Violation of environmental law.

Taking part in agreements aiming to distort competition.

Question 3 of 3

Question 3: Which of the following is not true with regard to "self-cleaning" as a means to avoid exclusion?

It was provided for in the old Public Sector Directive.

The economic operator is required to prove compensation of any damage caused.

It can be achieved by collaboration with the investigating authority.

It can lead to the dismissal of the personnel involved in the misconduct.

European Public Procurement Law – From Grave Misconduct to Minor Technical Mistakes: Grounds for Exclusion and How to Protect Oneself

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