S.L. 601.3 Art. 195Removal of exclusion.

(1) An economic operator that is in one of the situations referred to in regulations 192 and 194 may provide, in his offer or bid, evidence to the effect that he took sufficient measures to demonstrate his reliability despite the existence of a relevant ground for exclusion. If such evidence at evaluation stage is considered as sufficient by the authority responsible for the tendering process, the economic operator concerned shall not be excluded from the procurement procedure.

(2) The economic operator shall be deemed to have shown his reliability if he proves that he has paid or undertaken to pay compensation in respect of any damage caused by the criminal offence or misconduct, clarified the facts and circumstances in a comprehensive manner by actively collaborating with the investigating authorities and taken concrete technical, organisational and personnel measures that are appropriate to prevent further criminal offences or misconduct.

(3) The measures taken by the economic operators shall be evaluated taking into account the gravity and particular circumstances of the criminal offence or misconduct. Where the measures are considered to be insufficient, the economic operator shall receive a statement of the reasons for that decision.

(4) The economic operator shall not be entitled to make use of the possibility to remove the exclusion as provided in this regulation if the period of exclusion from participating in procurement award procedures has been established by a final judgment.