# Exclusion, selection and award

- URL: https://procurelex.mt/en/faq/selection-exclusion-and-award
- Updated 2026-11-10
- Draft – awaiting legal review
- Legal basis: regulation 192(1), regulation 192(3), regulation 193(1), regulation 193(4), regulation 194, regulation 217(1), regulation 217(2), regulation 225(1), regulation 229(2), regulation 239(1), regulation 243(1), regulation 243(3), regulation 243(4), regulation 243(5)

The grounds of exclusion, what selection criteria may relate to, the ESPD, the basis of the award and abnormally low tenders.

Part VI of the Regulations deals with the exclusion and black listing of economic operators; Part VII with the choice of participants and the award of contracts.

## When must an economic operator be excluded?

Where it has been convicted by final judgment for one of the offences listed in [regulation 192(1)](https://procurelex.mt/en/ppr/192#p1), for a period of five years from the date the judgment became final ([regulation 192(3)](https://procurelex.mt/en/ppr/192#p3)); and where it is in breach of its obligations to pay taxes or social security contributions, established by a final and binding judicial or administrative decision ([regulation 193(1)](https://procurelex.mt/en/ppr/193#p1)). The latter exclusion no longer applies once the operator pays or enters into a binding arrangement to pay ([regulation 193(4)](https://procurelex.mt/en/ppr/193#p4)).
## Are there other grounds?

A contract shall also not be awarded to an economic operator that is bankrupt or in an analogous situation, is subject to a conflict of interests that cannot be effectively remedied by less intrusive measures, or has been involved in the preparation of the procurement procedure, as that regulation qualifies each case ([regulation 194](https://procurelex.mt/en/ppr/194)).
## What may selection criteria relate to?

Suitability to pursue the professional activity, economic and financial standing, and technical and professional ability ([regulation 217(1)](https://procurelex.mt/en/ppr/217#p1)). Only these may be imposed as requirements for participation, and they must be related and proportionate to the subject-matter of the contract ([regulation 217(2)](https://procurelex.mt/en/ppr/217#p2)).
## Must the authority accept the ESPD?

Yes, for requests to participate and tenders with an estimated value that falls under regulation 9(1)(b): the European Single Procurement Document is accepted as preliminary evidence in replacement of certificates ([regulation 225(1)](https://procurelex.mt/en/ppr/225#p1)). Before awarding the contract, the authority requires the tenderer to which it has decided to award it to submit up-to-date supporting documents ([regulation 229(2)](https://procurelex.mt/en/ppr/229#p2)).
## On what basis is the contract awarded?

On the most economically advantageous tender ([regulation 239(1)](https://procurelex.mt/en/ppr/239#p1)).
## What if a tender appears abnormally low?

The contracting authority requires the economic operator to explain the price or costs ([regulation 243(1)](https://procurelex.mt/en/ppr/243#p1)). Failure to send the explanations within the time-frame set is deemed acceptance that the tender is abnormally low ([regulation 243(3)](https://procurelex.mt/en/ppr/243#p3)). The tender may be rejected only where the evidence does not satisfactorily account for the low price or costs ([regulation 243(4)](https://procurelex.mt/en/ppr/243#p4)), and it must be rejected where it is abnormally low because it does not comply with the obligations referred to in regulations 13(m) and 16(k) ([regulation 243(5)](https://procurelex.mt/en/ppr/243#p5)).