- Conclusion of contracts
- Exclusion of a tenderer or candidate
1. Conclusion of contracts
The contracting authority/entity may not conclude a contract with tenderers obliged to register in the register of public sector partners but not registered in the register of public sector partners, or whose subcontractors or subcontractors under a special legislation obliged to register in the register of public sector partners are not registered in the register of public sector partners.
A public sector partner is a natural person or legal entity receiving a one-off payment of EUR 100 000 or over EUR 250 000 in repeating payments from the state.
For more information, refer to the Act No 315/2016 (only in Slovak) on the register of public sector partners and amending certain acts, and to the website of the Ministry of Justice of the Slovak Republic (only in Slovak).
2. Exclusion of a tenderer or candidate
As a tenderer or candidate, you may only be excluded from public procurement based on the evaluation and assessment of all considerations.
Depending on the type of contract or concession award procedure, you may be excluded if:
- you have not met the selection criteria;
- you have submitted invalid documents (invalid documents are documents past their period of validity);
- you have provided information or documents that are false or modified and thus inconsistent with the facts;
- you have attempted to unduly influence the public procurement,
- you have attempted to obtain confidential information which would give you an undue advantage;
- conflicts of interest cannot be effectively remedied by other measures;
- based on sufficiently plausible indications, there are grounds for suspecting that the economic operator has entered into anti-competition agreements;
- in the assessment of professional abilities, conflicting interests of the candidate or tenderer have been demonstrably identified which may adversely affect the performance of the contract;
- based on a written request, you have failed to explain or supplement submitted documents within the set deadline;
- based on a written request, you have failed to submit documents replaced by the European Single Procurement Document within the set deadline;
- you have failed to replace an entity you rely on to prove your financial and economic standing or technical and professional abilities, which does not meet the specified requirements, with an entity meeting the specified requirements, within the set deadline;
- you have failed to replace a subcontractor that does not meet the selection criteria defined by the contracting authority or contracting entity by a new subcontractor that meets the specified requirements, within the set deadline;
- the distortion of competition resulting from preparatory market consultations or the tenderer’s or candidate’s preliminary involvement cannot be effectively remedied by other measures, including a statement provided by the tenderer or candidate.
Without undue delay, the contracting authority and the contracting entity are obliged to inform the tenderer or candidate in writing about the exclusion from the public procurement, including the reasons for the exclusion and the deadline to appeal.
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Last modified: 22. 2. 2021
Publication date: 12. 10. 2020