June 13, 2023
The contracting entity had legitimately excluded a tenderer who had not taken appropriate concrete technical, organizational and human resources measures to demonstrate its reliability
The contracting entity had legitimately excluded a tenderer who had not taken appropriate concrete technical, organizational and human resources measures to demonstrate its reliability
The ruling is an illustrative example (and for tenderers a scary example) of the potential snowball effect of a contracting entity finding that a supplier has breached a contract, as it may lead to other contracting entities being able to exclude the supplier from bidding for new contracts, even though the tenderer disagrees that the first contract was in material breach. It is the contracting entity that has the burden of proving that a ground for exclusion is fulfilled and that self-cleaning measures are not sufficient.
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