self-cleaning

Self-cleaning is a supplier's right to show that it has put things right after an event that would otherwise lead to rejection, such as a criminal conviction, grave professional misconduct or an agreement that distorts competition. If the measures are sufficient, the contracting authority may not exclude the supplier. The rule comes from Article 57(6) of Directive 2014/24/EU and applies across the EU and EEA.

How does self-cleaning work?

The starting point is an exclusion ground under Article 57 of the directive. Under Article 57(6), a supplier caught by a mandatory or discretionary ground can still take part if it proves three things:

• Compensation: it has paid, or undertaken to pay, compensation for any damage caused.
• Cooperation: it has clarified the facts and circumstances by actively collaborating with the investigating authorities.
• Prevention: it has taken concrete technical, organisational and personnel measures to prevent further offences or misconduct.

You declare the issue in the ESPD or another self-declaration and attach evidence of the measures. The authority weighs them against the gravity and particular circumstances of the offence, in line with the principle of proportionality. If it finds the measures insufficient, it must give reasons. Self-cleaning is not available to a supplier that has been excluded by final judgment from taking part in procurement procedures, for as long as that exclusion lasts.

Exclusion does not last forever. Under Article 57(7), the maximum period is five years from a final conviction for the mandatory grounds and three years from the relevant event for the discretionary ones.

In Norway, the rule is in Section 24-5 of the Norwegian procurement regulation (anskaffelsesforskriften). It applies to criminal convictions and several of the discretionary grounds, such as serious breaches of labour law, agreements that distort competition and significant deficiencies in earlier public contracts. Section 24-6 sets the same five and three-year limits.

An example: a building contractor has accepted a fine for breaching health and safety law after an accident on site, a case discussed as work-related crime in the local press. In its next tender to a municipality, the contractor attaches proof of the paid fine and compensation, confirmation of its cooperation with the labour inspectorate, a new health and safety system, a new project management team and an external audit report. The authority finds the measures sufficient and does not exclude the contractor.

Why does self-cleaning matter for suppliers?

One mistake does not have to lock you out of public contracts for years. Self-cleaning gives you a way back, but only if you document it thoroughly and early. The authority has no duty to look for your measures. It is up to you to show them.

Treat the documentation as part of your tender. Keep receipts, correspondence with the authorities, new procedures and audit reports in one place so you can reuse them in the next procedure. Tools like Cobrief help you find selection criteria and declarations in the tender documents, so you see early what you need to answer.

Frequently asked questions

Do I have to disclose the issue myself?

Yes. The ESPD asks directly about convictions and other exclusion grounds, and whether you have taken self-cleaning measures. Withholding information or giving false information is an exclusion ground in itself.

How long can the issue be held against us?

Up to five years from a final conviction for the mandatory grounds, and up to three years from the relevant event for the discretionary grounds. Member states may set shorter periods.

What counts as sufficient measures?

There is no fixed list. The more serious the issue, the more you need to show. Concrete and verifiable steps, such as new procedures, a change of management and external audits, weigh more than general promises.

In short: self-cleaning lets you compete despite a past offence or misconduct, as long as you can prove compensation, cooperation with the authorities and measures that prevent it from happening again.