What is Self-Cleaning?
Self-Cleaning under § 125 GWB enables companies affected by exclusion grounds to restore their reliability through concrete measures and regain eligibility for public procurement procedures.
When is Self-Cleaning Relevant?
Self-cleaning applies when exclusion grounds exist, such as convictions for corruption or fraud, cartel violations, serious professional misconduct, or significant poor performance on prior contracts.
The Three Pillars
German law requires proof of three cumulative elements:
1. Compensation and cooperation:
- Payment of damages for harm caused
- Active cooperation with investigatory authorities
- Comprehensive clarification of facts
2. Clarification:
- Complete disclosure of the misconduct
- Identification of responsible individuals
- Transparent presentation of causes
3. Technical and organizational measures:
- Implementation of a compliance management system
- Personnel measures (separation from responsible employees)
- Training and awareness programs
- Control and monitoring mechanisms
- Internal reporting channels (whistleblower systems)
Assessment
The contracting authority evaluates self-cleaning on a case-by-case basis, considering the severity and circumstances of the misconduct. The burden of proof lies with the company.
Practical Significance
Self-cleaning is demanding but often necessary. Companies should seek qualified advice early and carefully document all measures. Convincing self-cleaning can mean the difference between existential debarment and market access.