What is Reliability?
Reliability (German: Zuverlässigkeit) is the third classic suitability criterion, concerning whether a bidder is trustworthy and law-abiding. In modern procurement law, it is defined through the absence of exclusion grounds.
Legal Framework
- § 123 GWB: Mandatory exclusion grounds
- § 124 GWB: Discretionary exclusion grounds
- § 125 GWB: Self-cleaning
Mandatory Exclusion Grounds (§ 123 GWB)
Must exclude for: criminal organizations, money laundering, fraud, bribery, human trafficking, tax evasion.
Discretionary Exclusion Grounds (§ 124 GWB)
May exclude for: environmental/social/labor violations, insolvency, serious misconduct, anti-competitive agreements, serious misrepresentation.
Evidence
Self-declarations (Form 124 or ESPD); official certificates on request (trade register, tax clearance, social insurance clearance).
Self-Cleaning (§ 125 GWB)
Companies with exclusion grounds can restore reliability through: damage compensation, full cooperation, and organizational measures (compliance programs).
Competition Register
The Competition Register at the Federal Cartel Office records companies with certain offenses. Mandatory query for contracts above €30,000.
Patterno hilft
Patterno supports systematic preparation of your suitability documents and reminds you of typical evidence requirements.