27 November, 2019

Could your company be excluded from the public procurement process?

The Constitutional Court suspended the enforcement of the provisions of the Public Procurement Act, which set forth the contracting authority’s obligation to exclude economic operators with two final offenses in the field of labor law from a respective public procurement procedure.

Until the final decision of the Constitutional Court, the economic operator may also in such situation provide the contracting authority with evidence that it has taken sufficient measures that prove its reliability and thus, despite the existence of reasons for exclusion, participate in a procurement procedure. Sufficient measures include payment or commitment to pay compensation for all damages caused by infringements, active cooperation with investigative bodies to fully clarify facts and circumstances and take actual technical, organizational and personnel measures appropriate to prevent further infringements.

In assessing the measures taken by the economic operator, the contracting authority will take into account the seriousness and the specific circumstances of the infringement. If it considers that the evidence provided by the economic operator is sufficient, it will not exclude the economic operator from the procurement process, otherwise it will send the economic operator a justification for its decision.

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