Közbeszerzési Hatóság

64. §

Self-cleaning

64. §

1. Despite the existence of any ground for exclusion other than those referred to in Article 62(1)(b) and (f), a tenderer, candidate, subcontractor, or an organization contributing to the certification of suitability shall not be excluded from the procurement procedure, if the final decision specified in Article 188(4) of the Public Procurement Authority or, in the case of a review thereof, a final judicial decision specified in Article 188(5) established that measures taken, prior to the submission of the tender or the request to participate, by the economic operator concerned are sufficient to demonstrate its reliability despite the existence of a relevant ground for exclusion.

2. If the final decision specified in Article 188(4) of the Public Procurement Authority or, in the case of a review thereof, a final judicial decision specified in Article 188(5) established that the economic operator subject to the given ground for exclusion is reliable, the contracting authority shall accept it without any discretion. The final decision shall be submitted by the economic operator at the same time as the European Single Procurement Document.