COMPLIANCE & RIGHT · TREATY
If you want to win public contracts, you don't just have to make a good offer. Criminal offences, serious professional breaches of duty or unreliable information may endanger participation. We advise companies on preventive organisation and handling exclusion risks and register entries.
Identifying grounds for exclusion in good time
Sections 123 and 124 of the GWB distinguish between mandatory and optional grounds for exclusion. The examination requires more than the question whether a final judgment has already been given against the company. Depending on the facts, the behaviour of certain persons, tax and social security contributions, antitrust infringements or significant deficiencies in previous contracts may become relevant.
Procedures, periods and allocations must be examined in concrete terms. An incident with a business partner does not necessarily lead to the exclusion of its own company. Conversely, a lack of registration in the competition register is not a general attestation that there are no grounds for exclusion.
Check offers and declarations
Award compliance begins when the tender is processed. Responsibilities for proof of suitability, self-declarations, subcontractors and questions to the contracting authority should be established. Incorrect or incomplete information may create separate risks. A central storage prevents different teams from using contradictory explanations.
Contacts with competitors, bidding groups and the use of subcontractors require antitrust review when sensitive information is exchanged. Confidential procurement information shall not be unduly procured or used. Special care should be given to persons on the client's side.
What Self - Cleansing Needs
For the cases within its scope, § 125 GWB sets out three connected requirements: compensation for damage or an undertaking to provide it, active cooperation in fully clarifying the circumstances, and specific technical, organisational and personnel measures to prevent further misconduct. Taxes and social security contributions are subject to the special rule in § 123 Absatz 4 Satz 2 GWB.
A newly signed code of conduct alone will not meet these requirements on a regular basis. The measures must respond to the causes of concrete misconduct. Uncontrolled intermediary payments may, for example, involve comprehensible evidence of performance, independent clearances, adapted responsibilities and effective controls. Efficacy must be verifiable.
Cooperation with authorities and contracting entities shall be coordinated by law. It may affect ongoing investigations, claims for damages and the interests of individual persons. Flat-rate admissions to debt without clarification are no substitute for a coordinated clarification.
Competition Register and early cancellation
In the event of registration, an application under § 8 WRegG may be eligible for early cancellation due to self-cleaning. Admissibility, evidence and evaluation by the registry authority shall be treated separately. A registration does not automatically lead to exclusion in any procurement procedure; the assessment of the award law must be distinguished from the registration procedure.
The documents should provide a comprehensible picture of the starting situation, causes, measures taken and their implementation. Depending on the case, these include decisions, responsibilities, training certificates, changed procedures and verifiable control results. Inconsistencies between internal documentation and information to authorities must be clarified early.
Our support
We examine concrete exclusion risks and the associated declarations, accompany the legal review and support in the documentation of self-cleaning measures. The contract may also be limited to a Directive for calls for tenders or a single registration process. For a Request Please specify ongoing procurement procedures and deadlines, as well as known investigative or registrative procedures.
Legal basis and decisions: § 123 GWB – compelling grounds for exclusion; § 124 GWB – optional grounds for exclusion; § 125 GWB – Self-purification; § 8 WRegG – premature deletion.
Situation as at 2 November 2026.
Further reading: Competition law · Corruption and conflicts of interest · Internal investigations
Four practical examples
The following fictitious cases illustrate typical examination questions. The concrete solution depends on the circumstances of the individual case.
01 · Inaccurate self-declaration
A bidder discovers an incorrect declaration after submission. The content, meaning and possibilities of the correction shall be examined without delay.
02 · Previous breach of duty
A company wants to participate in a tender despite a known misconduct. Exclusion, timing and self-cleaning measures are assessed on the basis of the specific award.
03 · Proof of remedy
After a cartel infringement, new rules will be adopted. For self-cleaning, the legal requirements and the actual implementation are also documented.
04 · Register entry
A company checks an early deletion. The registration procedures and the decision of the individual contracting authority shall be differentiated and necessary evidence agreed.
Your next step
Do you want to transfer the requirements to your company or have a specific process checked? A brief description and a reference to existing deadlines are sufficient for the first contact. We shall vote on the scope of examination and compensation prior to commissioning.