PPN Conference October 15th 2009.pdf - Public Procurement Network

He affirmed that harmonizing legislations on self-cleaning would involve a reform of different
and complicated sectors as criminal, company and bankruptcy law: consequently such a
harmonization would not be easy. Notwithstanding, a comparing between Member States on the
general principles to apply to self-cleaning occurs.
Mr. Calandra highlighted that in Italy an economic operator is excluded from a tender in case its
legal representative is condemned, by a final decision, for certain grave crimes. According to
ASPC, Contracting Authorities have to take in consideration several elements in order to assess the
gravity of a crime and consequently to exclude an operator from a tender, in particular: the mental
state, the conduct, even in relation to the object of the contract, the date of the judgment.
Regarding the exclusion of an economic operator guilty of grave professional misconduct, Mr.
Calandra affirmed that a violation of due diligence characterized by malice or grave fault occurs.
The exclusion is not automatic: the Contracting Authority has to assess that, as effect of the
misconduct, the economic operator is still reliable.
Moreover, ASPC manages a data bank collecting information on economic operators concerning
the economic, financial and organizational requirements and exclusions from competitions. Both
Contracting Authorities as economic operators can consult such a data bank.
UK delegation focused on the issue concerning the exclusion for conviction by final judgment
and highlighted that knowing the records on the economic operators is important: in UK a data bank
collecting notices of conviction exists.
On the basis of the document introduced by Austrian and German delegations in the Advisory
Committee on Public Contracts, UK representative observed that a clear definition of the self-
cleaning procedure is necessary. Moreover they wondered: if self-cleaning is admitted in case of
conviction by final judgment; and how to identify a professional misconduct.
Small Business Act: exchange of information and further activity
Andrea Camanzi, Member of the Board of ASPC
Mr. Camanzi focused on the application of the Small Business Act (SBA) which affirmed the
principle to foster the access of Small Business to public procurement market. On the base of SBA,
European Institutions has adopted the Code for the Best Practices on Public Procurement.
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