rejection

Rejection in public procurement refers to a contracting authority's decision to exclude a supplier from participating in a competition or to disqualify a tender that does not meet the stated requirements. EU procurement rules distinguish between the exclusion of economic operators and the rejection of tenders, each governed by specific mandatory and discretionary grounds.

How does rejection work?

The grounds for rejection are set out in Article 57 of EU Directive 2014/24/EU, which provides an exhaustive list of exclusion criteria. These are divided into two categories:

Mandatory exclusion requires the contracting authority to reject a supplier. This applies when:

• The supplier has been convicted of serious criminal offences such as corruption, fraud, or money laundering
• The supplier has failed to pay taxes or social security contributions as established by a judicial or administrative decision

Discretionary exclusion allows the contracting authority to reject a supplier or tender. Examples include:

• The tender contains material deviations from the tender documents
• The supplier has shown significant deficiencies in a prior public contract
• The tender is abnormally low in relation to the works, supplies, or services
• The supplier has entered into agreements aimed at distorting competition

What happens after rejection?

When a supplier or tender is rejected, the contracting authority must provide a written statement with reasons for the decision. The rejected supplier may challenge the decision during the standstill period before the contract is signed, or through formal review procedures. EU rules also allow for self-cleaning measures, where a supplier that has been excluded can demonstrate that it has taken corrective action to restore its reliability, potentially allowing participation in future tender procedures.

Tools like Cobrief help suppliers stay on top of tender requirements and submission deadlines, reducing the risk of rejection due to non-compliance with procurement rules.

Rejection is a fundamental safeguard in public procurement that ensures only qualified suppliers and compliant tenders participate in public tenders, protecting fair competition and the responsible use of public funds.