1. The contracting authority may stipulate in the notice launching the procedure that the following economic operators are excluded from participating in the procedure as a tenderer, candidate, subcontractor, and may not contribute to the certification of suitability:
who seriously infringed the requirements of environmental, social and labour law referred to in Article 73(4) and such infringement was established by a final and binding judicial decision, administrative decision or, in case of a review of the latter, a final and binding judicial decision issued within the previous three years; (This amendment entered into force on 1 January 2017.)
- a final judicial decision, a final administrative decision or, in the case of a review of the latter, a final judicial decision delivered within the previous three years established that he had committed, as defined by legislation, a serious breach of professional duty, except for the case specified in point (c), or an act seriously violating professional ethics established in a procedure for breach of the code of ethics conducted by a professional organisation specified in a separate act of legislation;
- who have been, over the past three years, in serious breach of their contractual obligations undertaken in a previous procurement procedure or concession award procedure and the breach of contract resulted in the termination or rescission of the aforementioned previous contract, a compensation claim or any other penalty applicable on the basis of the contract, furthermore, where the subsequent impossibility was partly or fully attributable to the wrongful conduct of the party entering into the contract as the successful tenderer;
- who, in relation to a contract concluded as a result of an earlier procurement procedure or concession award procedure, failed to meet, towards their subcontractor, more than 10% of their payment obligation originating from a final or partial invoice and the breach of contract their payment obligation originating from a final or partial invoice and the breach of contract was established by final court ruling pronounced within the previous three years, although the party entering into the contract as contracting authority paid them in due time.
2. The contracting authority shall be bound to identify in the notice launching the procedure the grounds for exclusion applied according to paragraph 1.
3. The period of time specified in paragraph 1, as well as Article 62(a), (b), (e), (h), (j), (I), (n) and (p), shall always be calculated from the date of verifying the non-existence of the ground for exclusion. The contracting authority shall exclude an economic operator where it turns out that the economic operator is subject to any of the grounds for exclusion to be applied in the procedure. The non-existence of the grounds for exclusion shall be verified by the contracting authority pursuant to the provisions set out in this Act and in a separate act of legislation.