Exclusion from a Public Procurement Procedure

Receiving a decision for exclusion from a public procurement procedure requires a prompt and careful review. The time limit for seeking legal protection is usually short, and the lawfulness of the exclusion cannot be assessed on the basis of a single sentence in the decision. It is necessary to analyse the procurement documentation, the tender or request to participate, the ESPD, the evaluation committee’s minutes and report, the communications in CAIS EPP, and the contracting authority’s reasons.

The exclusion may relate to the personal circumstances of the candidate or tenderer, the selection criteria, the manner in which the documents were submitted, the technical or financial proposal, reliance on third parties and subcontractors, or another condition announced in advance. Not every adverse decision is unlawful, but neither does every formal irregularity justify exclusion. The specific assessment depends on the procurement documentation and the circumstances of the procedure.

Information about preparation and participation in procedures is available on the page public procurement for tenderers and contractors. Where it is already necessary to challenge a decision, see also the page public procurement appeals before the CPC and SAC.

What should you do immediately after receiving a decision excluding you?

The first task is to establish the exact date on which the decision was served or notified. In procedures conducted through CAIS EPP, the receipt details, the notification in the user profile, and the electronic procurement file should be preserved. The appeal period may begin to run from that date.

Preserve the decision and evidence of its service. Do not rely solely on an email notification.
Download the complete procurement documentation. Include the contract notice, technical specifications, evaluation methodology, templates, and all approved amendments and clarifications.
Preserve the evaluation committee’s minutes and report. These documents often contain the detailed factual basis for the exclusion.
Retain the tender or request to participate as submitted. The exact files, ESPD, signatures, timestamps, and documents relating to third parties or subcontractors will be required.
Review the correspondence. It is important to establish whether a request for supplementation, clarification, evidence, or a written explanation was sent and how it was answered.
Do not delay calculating the time limit. Preparing an appeal requires time to analyse the matter, formulate the objections, and compile the evidence.

It is not sufficient merely to establish that the evaluation committee made an error. It must be assessed whether the infringement is material, whether it affected participation or ranking, and what legal outcome may be sought.

Where may the exclusion be recorded?

Depending on the type and stage of the procedure, the exclusion may be recorded in a prior selection decision, a decision selecting the successful contractor, or another final act provided for under the PPA. The reasons may be contained in the decision itself or in the evaluation committee’s minutes and report to which the contracting authority refers.

The review should establish whether the act identifies the tenderer, specifies the particular factual irregularity, and connects the conclusion that exclusion is required with a specific statutory ground or condition announced in advance. General wording that does not make it possible to understand why the tender was rejected may hinder effective legal protection and requires separate analysis.

Main categories of grounds for exclusion

Mandatory grounds relating to personal circumstances

The PPA provides grounds on which the contracting authority is required to exclude a candidate or tenderer. These include certain final criminal convictions, established tax and social security liabilities where the statutory requirements are met, submission of a document containing false information, failure to provide required information, certain infringements of employment legislation, and a conflict of interest that cannot be remedied.

The review should also take account of the applicable national grounds for exclusion, including the existence of a current court-imposed prohibition on participation where it is relevant to the particular economic operator and procedure.

Discretionary grounds specified by the contracting authority

The contracting authority may also apply the grounds under Article 55 of the PPA, but they must have been specified in advance in the relevant decision opening the procedure or invitation. These include certain situations involving insolvency or liquidation, disqualification from exercising a profession or activity, an established anti-competitive agreement, culpable non-performance of a previous contract under the statutory conditions, and attempts to exercise improper influence or obtain an unjustified advantage.

In the event of a dispute, it must be established whether the contracting authority actually included the relevant ground, how it was formulated, and whether the facts in the procurement file fall within its scope.

Measures demonstrating reliability

In relation to certain grounds, the candidate or tenderer may submit evidence of measures taken to demonstrate its reliability. The contracting authority must examine those measures, take account of the seriousness and particular circumstances, and provide reasons for accepting or rejecting them in the relevant act.

Where the decision does not address the evidence submitted or contains only a general conclusion, it should be examined whether the obligation to carry out an individual and reasoned assessment has been fulfilled.

ESPD, personal circumstances, and the opportunity to supplement information

When submitting a request to participate or tender, the candidate or tenderer declares through the ESPD that no grounds for exclusion apply and that the selection criteria are satisfied. A separate ESPD must also be submitted for each third party or subcontractor relied upon and, in the case of an association without separate legal personality, by each of its members and, where necessary, by the association itself.

Where the review of personal circumstances or selection criteria reveals missing, incomplete, inconsistent, irregular, or factually incorrect information, the law provides an opportunity for new information to be submitted and for the information already submitted to be supplemented or clarified. This opportunity also applies to identified third parties and subcontractors.

When analysing the exclusion, it should be established:

what precise irregularity the evaluation committee identified;
whether it concerns personal circumstances or a selection criterion;
whether the prescribed opportunity to supplement or clarify the information was provided;
whether the instructions were clear and applied equally;
whether the response submitted was considered in full;
whether the evaluation committee incorrectly treated a remediable irregularity as a final ground for exclusion.

The opportunity to supplement information does not allow an entirely new technical or financial proposal to be created after the submission deadline. Clarifications and additional evidence may not result in an amendment to those proposals.

Exclusion for failure to satisfy the selection criteria

The selection criteria may relate to suitability to pursue a professional activity, economic and financial standing, and technical and professional ability. They must be necessary to establish the ability to perform the contract and must be proportionate to its subject matter, value, scope, and complexity.

When challenging an exclusion based on a selection criterion, the review should establish:

whether the criterion was formulated clearly and announced in advance;
whether it is relevant and proportionate to the subject matter of the procurement;
what minimum capacity was required;
what was declared in the ESPD;
what evidence was submitted and whether the law permits equivalent documents;
whether the evaluation committee correctly interpreted concepts such as similar activities, professional experience, turnover, personnel, equipment, or certification;
whether the same approach was applied to all candidates and tenderers.

Selection criteria should not be confused with award criteria. Selection criteria determine the minimum admissibility of the candidate or tenderer, whereas award criteria are used to compare the admissible tenders.

Exclusion based on the technical proposal

The technical proposal must comply with the conditions of performance announced in advance. When an exclusion is reviewed, the technical specifications, instructions, templates, the contracting authority’s responses, and the document actually submitted must be compared together.

Particular attention is required where:

the evaluation committee relies on a condition that was not expressly formulated;
the requirement permits more than one reasonable interpretation;
an individual sentence has been considered outside the context of the proposal as a whole;
an equivalent technical solution has been proposed;
information is alleged to be missing even though it appears in another section of the tender;
the irregularity is editorial or formal but has been treated as material;
different standards of review have been applied to different tenderers.

Not every inaccuracy necessarily results in a lawful exclusion. It must be established whether a particular mandatory condition has been breached and whether the irregularity genuinely changes the proposal or the ability to perform the contract. At the same time, the technical proposal may not be replaced or improved through a clarification submitted after the deadline.

Financial proposal and an abnormally advantageous tender

An exclusion may relate to the manner in which the financial proposal was completed, arithmetic relationships, restrictions in the procurement documentation, or the procedure for reviewing an abnormally advantageous tender.

Where the statutory requirements are met, the contracting authority requests an explanation of the formation of a proposal relating to price or costs. The period for submitting the explanation is five days. If the explanation is not submitted within that period or is rejected following a reasoned assessment, the tenderer may be excluded.

The legal analysis should establish:

whether the comparison basis was correctly determined;
whether the request for an explanation was properly sent and received;
whether the proposal and the circumstances requiring explanation were clearly identified;
whether all economic, technical, and organisational arguments submitted were considered;
whether reasons were provided for accepting or rejecting the explanation;
whether the rules concerning employment, social, and environmental legislation and state aid were observed.

Third parties, subcontractors, and associations

A candidate or tenderer may rely on the capacities of third parties to demonstrate compliance with particular selection criteria. Where the capacity relates to professional competence or experience, the third party must participate in performing the part of the contract for which that capacity is required. It must also be demonstrated that its resources will genuinely be available.

Third parties must satisfy the relevant selection criteria and must not be subject to grounds for exclusion. Subcontractors must satisfy the criteria relevant to the type and proportion of the activities they will perform and must also not be subject to grounds for exclusion.

In the event of a dispute, it should be established whether the issue arises from the tenderer or from another identified person, whether separate ESPDs and evidence of the commitments undertaken were submitted, and whether the law and procurement documentation were applied correctly to the particular participation structure.

In the case of an association without separate legal personality, the documents of each member, the allocation of activities, the internal agreement, and the manner in which the combined capacity satisfies the selection criteria announced in advance should be analysed.

Exclusion based on the form, manner, or deadline for submission through CAIS EPP

The PPA permits exclusion where a request to participate or tender does not comply with the submission requirements, including those concerning form, manner, deadline, and validity. In electronic procurement, this may relate to a missing or incorrectly attached file, an unsigned document, an incomplete submission, incorrect encryption, submission after the deadline, or another operation performed on the platform.

Not every technical issue constitutes a ground for setting aside the exclusion. It is necessary to determine whether the cause lies with the platform, the device used, the internet connection, the electronic signature, or the user’s actions. System messages, timestamps, the history of operations, reports submitted to technical support, and other electronic evidence may be relevant.

Where a problem occurs, reliance should not be placed solely on a screenshot. All available data should be preserved, and it should be established immediately what has been recorded in the electronic procurement file.

Reasons, equal treatment, and consistency of the evaluation

The exclusion decision must enable the tenderer to understand the factual and legal reasons for the adverse outcome. The review is not limited to establishing whether a statutory provision has been cited. It is necessary to determine how the particular facts were brought within the applicable ground.

The principle of equal treatment is particularly important. Where similar omissions in other tenders have been treated differently, where one tenderer was given an opportunity to clarify information but another was not, or where the review method was changed during the evaluation, this should be examined through the minutes, report, and procurement documents, insofar as they are accessible.

Time limit and procedure for appeal

A decision excluding a candidate or tenderer during prior selection or the selection of the successful contractor may be challenged before the Commission for Protection of Competition. In the applicable circumstances, the appeal must be filed within 10 days from service of the decision.

The precise starting date must be determined according to the type of procedure, the act being challenged, and the manner in which it was notified. Failure to comply with the deadline results in inadmissibility, and the legal analysis should therefore begin immediately.

The appeal is filed with the CPC, with a copy being sent to the contracting authority, and must contain a complete and specific statement of all objections, the grounds supporting them, and the appellant’s requests. A general statement of disagreement with the evaluation is not sufficient. The specific infringements and their connection with the adverse result must be identified.

Where the exclusion forms part of the decision selecting the successful contractor, an appeal against that decision generally suspends the procedure until the dispute is finally determined, except in the cases provided for by law. Details concerning interim measures, prior enforcement, and the proceedings are available on the page appeals before the CPC and SAC.

What may be the outcome of the legal protection?

Where an infringement is established, the CPC may annul the challenged decision in whole or in part and return the file for continuation of the procedure from the last lawful action, while issuing binding directions. This does not automatically result in the appellant being selected as contractor. The contracting authority and evaluation committee must repeat the relevant actions in compliance with the decision.

Where the appeal is unfounded or the infringement has not been proven, the CPC may dismiss it. The Commission’s decision is subject to judicial review by the SAC within the prescribed period.

What documents are required for an initial legal analysis?

In order to review the exclusion, the following documents are normally required:

the decision recording the exclusion;
evidence of the date and manner of service;
the link and unique number of the procurement in CAIS EPP;
the contract notice, procurement documentation, technical specifications, and evaluation methodology;
all amendments and clarifications relating to the procurement documentation;
the evaluation committee’s minutes and report;
the request to participate or tender in the form in which it was submitted;
the ESPD and documents relating to association members, third parties, and subcontractors;
requests for supplementation, clarification, evidence, or an explanation, together with the responses submitted;
system messages, timestamps, and reports made in the event of a technical problem;
any other documents on which the contracting authority relies.

Legal assistance following exclusion from a public procurement procedure

Ivanova LLP Law Firm provides legal assistance to candidates and tenderers following exclusion from public procurement procedures.

Our assistance may include:

reviewing the applicable time limit and legal interest required to bring an appeal;
analysing the decision and the evaluation committee’s minutes and report;
comparing the procurement documentation with the submitted tender;
reviewing the ESPD, selection criteria, and supporting evidence;
analysing the technical and financial proposals;
assessing the actions performed in CAIS EPP and the available electronic evidence;
preparing and filing an appeal before the CPC;
preparing written submissions, objections, and applications for evidence;
representation in proceedings before the CPC and SAC;
analysing the decision and the next available legal steps.

Send the decision and documents for a preliminary legal analysis

Frequently Asked Questions

What should I do immediately after receiving an exclusion decision?

Preserve the decision and evidence of its service, download the procurement documentation and the evaluation committee’s minutes and report, and retain the tender as submitted. The applicable appeal period should then be checked immediately.

What is the time limit for appealing an exclusion?

In the applicable circumstances, the appeal must be filed within 10 days from service of the decision. The precise starting date depends on the type of procedure, the act, and the manner in which it was notified.

Can an error or omission in the ESPD be corrected?

Where information concerning personal circumstances or the selection criteria is missing, incomplete, inconsistent, irregular, or factually incorrect, the law provides an opportunity for information to be submitted, supplemented, or clarified. It must be assessed what precisely was missing and whether the evaluation committee applied this procedure correctly.

Can the technical proposal be supplemented after the deadline?

Clarifications or additional evidence concerning information already provided may be requested, but they may not result in an amendment to the technical or financial proposal. The boundary between a permissible clarification and an impermissible amendment must be assessed in the particular circumstances.

Does every irregularity result in a lawful exclusion?

No. It is necessary to establish whether a specific condition announced in advance has been breached, whether the irregularity is material, and whether the law permits supplementation or clarification. At the same time, the tenderer may not amend its tender after the deadline.

Can a tenderer be excluded because of a third party or subcontractor?

Third parties and subcontractors must satisfy the relevant criteria and must not be subject to grounds for exclusion. In the event of a dispute, the ESPDs, evidence of the available resources and commitments undertaken, and the applicable rules concerning replacement should be reviewed.

Does filing an appeal suspend the procedure?

Where the exclusion forms part of the challenged decision selecting the successful contractor, the appeal generally suspends the procedure until the dispute is finally determined, except in the cases provided for by law. A different regime may apply to other acts.

What documents are required for a preliminary analysis?

The required documents include the decision and evidence of service, the procurement documentation, the evaluation committee’s minutes and report, the submitted tender, the ESPD, the correspondence and requests for supplementation or an explanation, and the relevant data from CAIS EPP.

Last updated:

6 August 2026

The information is provided for general explanatory purposes and does not replace individual legal advice. The lawfulness of the exclusion, the appeal period, legal interest, and appropriate remedy depend on the particular act, the procurement documentation, the tender, and the circumstances of the procedure.

Legal Protection against Exclusion from a Public Procurement Procedure