Blog | Procurement: What - How? (issue week 16)
'The risk of non-enforcement in procurement'
Joris Bax, lawyer at Brackmann, shares in his blog 'Tendering: What - How?” insights and thoughts on current topics within procurement and construction law.
A new topic: exclusion grounds. Today: the background.
Naturally, a contracting authority only wants to do business with a reliable contractor. To assess this, so-called exclusion grounds have been established.
Based on the exclusion grounds (Articles 2.86 and 2.87 of the Dutch Public Procurement Act), a contracting authority examines whether an economic operator:
- Has committed criminal offences (such as child labour, terrorism, etc.)
- Has been declared bankrupt
- Has had a previous public contract terminated prematurely due to serious shortcomings attributable to the operator
These are all indicators that may reflect on the (historical) reliability of the operator. If one or more exclusion grounds apply, the contracting authority is, in principle, not allowed to award the contract to that operator. However, the operator is given the opportunity to demonstrate that they are now reliable and meet the necessary standards.
In the coming weeks, I will provide more insight into the system of grounds for exclusion within procurement law.
Blog | Procurement: What - How? (issue week 15)
'The risk of non-enforcement in procurement'
Joris Bax, lawyer at Brackmann, shares in his blog 'Tendering: What - How?” insights and thoughts on current topics within procurement and construction law.
