Beck-Verlag has published the 2nd edition (as of 01.08.2024) of the beck-online.COMMENTARY (General Editor for Commercial and Corporate Law Prof. Dr. Martin Henssler) on the Act on Corporate Due Diligence to Avoid Human Rights Violations in Supply Chains (Supply Chain Due Diligence Act – LkSG). Reinhard Böhle of WR Legal has again commented on Section 22 LkSG on exclusion from public procurement in the fifth section (Public Procurement).

With this provision, the legislator makes it possible to sanction companies under public procurement law that violate human rights or environmental due diligence in their supply chains: Contracting authorities shall exclude companies from participating in a procurement procedure if they have been fined for a legally established violation of the LkSG within the last three years in excess of certain thresholds, unless the companies have successfully demonstrated self-cleaning. In addition, the contracting authorities are obliged to hear the candidates before excluding them.

Reinhard Böhle is a specialist lawyer in procurement law and a partner at WR Legal. He focuses on advising public clients on the design and implementation of formal procurement and competition procedures, as well as advising bidders on participating in procurement procedures. BestLawyers and the Handelsblatt recently named Mr Böhle as one of ‘Public Law – Best Lawyers: Ones to Watch in Germany’.