The Limits of the Concept of Conduct Contrary to Business and Professional Ethics in Procurement Law

02 September 2025

Certain restrictions laid down in the procurement legislation are misconstrued during tender evaluation, and this leads to participating tenderers being excluded. One procedure that contracting authorities frequently apply incorrectly is the exclusion of tenderers on the ground of conduct contrary to business and professional ethics in contracts performed for the same authority within the preceding five years. Business ethics determines the honest, fair and responsible conduct expected of real and legal persons in business life, while professional ethics denotes the principles applicable to a particular professional group. This article addresses what conduct contrary to business and professional ethics may consist of in tendered works.