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Respond to exclusion risks with evidence and a credible remedial plan.
What matters in practice
Exclusion may concern misconduct, serious professional failings or other statutory grounds; a separate issue is whether the tender itself complies with the procurement documents. The correct legal basis matters for discretion, proportionality and the evidence required. An adverse allegation should be examined against the actual facts.
How we assist
Self-cleaning under section 125 GWB involves compensation or a commitment to compensate, active clarification and concrete preventative measures. A revised policy alone may be insufficient. We assist with the factual response, remedial documentation and any necessary challenge to an exclusion decision.
Three practical examples
1. A previous contract ended in dispute
A buyer questions a bidder after an earlier termination. The bidder assembles the contract, notices, correspondence and resolution documents, distinguishing established failures from contested allegations. Its response should address the actual exclusion ground and the corrective action taken, rather than treating every commercial dispute as either irrelevant or automatically disqualifying.
2. A compliance incident has been remediated
A company introduces new supervision and training after misconduct. It must show who implemented the measures, when they became effective and how compliance is monitored. Where required, cooperation and compensation issues also need evidence. The authority assesses the remedial account against the underlying conduct, not merely the existence of a new policy document.
3. A declaration contains inconsistent information
Different group companies submit inconsistent answers about an exclusion issue. The bidder first establishes the facts and the entities covered by the question. It then assesses the lawful clarification route and the consequences of the inaccurate statement. Correcting a factual inconsistency and changing the substance of an offer are different procedural issues.
Documents for an initial assessment
Provide the exclusion notice, underlying allegations, relevant decisions and remedial evidence.
Related guidance
German and EU procurement framework · Legal sources
Legal reference: Official source. Reviewed 12 November 2026. This overview does not replace advice on the relevant procurement and its deadlines.
Analyse the alleged ground precisely
Identify the conduct, entity, relevant period and evidence relied on for exclusion. A past performance dispute is not automatically proof of serious misconduct. Equally, an inaccurate declaration can create a separate problem. Establish the facts and distinguish mandatory grounds, discretionary grounds and a failure to satisfy selection criteria.
Demonstrate corrective measures
Self-cleaning requires a credible response to the underlying issue. Examine compensation or commitments where relevant, cooperation and practical organisational or personnel measures. Support the account with records showing implementation, responsibility and monitoring. A new compliance policy without evidence of changed practice may not address the buyer’s concern.
A practical working sequence
- Build a factual chronology with source documents.
- Connect each corrective measure to the identified failure.
- Prepare an accurate, consistent response across tender declarations.
Documents, decisions and next steps
Assign an owner to each legal, technical and commercial part of the offer and keep one controlled document set. Record unanswered questions and resolve them through the announced channel. A final review should compare the actual upload against the latest tender requirements, rather than a checklist prepared before the documents changed. Preserve the submission receipt and keep the delivery team informed of every commitment made. If a defect is identified after submission, assess the permitted correction or clarification route before sending a replacement document. An unsolicited change can create a different problem from the one it was intended to solve.
German state rules · EU country guides · Special procedures · Industry guidance
Discuss your procurement
Tell us whether you are a bidder or contracting authority, identify the procurement and include the next deadline. We assess the scope, conflicts and proposed next steps before accepting instructions.