Many bids do not lose in competition; they are excluded beforehand. The reason is rarely the service, but form, evidence or statements. Art. 44 PPA and the corresponding IVöB provision list the grounds on which an authority may exclude a supplier, remove it from a list or revoke an award already made.
The main grounds
Among others: the supplier does not, or no longer, meet the suitability criteria or participation conditions. The bid deviates materially from mandatory requirements or contains material formal errors. The supplier made false or misleading statements. There are agreements that eliminate or significantly restrict competition. Taxes or social security contributions due are unpaid. Occupational safety rules, working conditions or equal pay are not observed. And a supplier was involved in preparing the procedure without the resulting competitive advantage being offset, known as prior involvement.
Exclusion or not selected
Exclusion means the bid is not evaluated at all. Not being selected means it was evaluated and another bid scored better. An abnormally low price does not automatically lead to exclusion; the authority first makes enquiries as to whether participation conditions are met and the service has been understood.
How suppliers avoid exclusion
Most exclusions are avoidable: a formal check before submission against every mandatory requirement, a list of all required evidence with validity dates, confirmations on taxes and social security no older than required, and signature authority settled before the deadline. Anyone who advised on preparing a procedure should clarify in writing before bidding whether prior involvement applies.
Legal protection
An exclusion is a decision that can be challenged; the period starts on notification. Whether a procurement appeal has prospects depends on whether the ground actually existed and the exclusion was proportionate, for example for a minor, curable formal error.