(1) Public contracting authorities shall not exclude an undertaking for which a ground for exclusion exists under Section 123 or Section 124 from participation in the procurement procedure where the undertaking has proven that it
1. has paid or undertaken to pay compensation for any damage caused by the criminal offence or misconduct;
2. has comprehensively clarified the facts and circumstances associated with the criminal offence or misconduct and the damage caused thereby by actively collaborating with the investigating authorities and the public contracting authority; and
3. has taken concrete technical, organisational and personnel measures that are appropriate to prevent further criminal offences or misconduct.
Section 123(4) sentence 2 shall remain unaffected.
(2) The self-cleaning measures taken by the undertakings shall be evaluated by the public contracting authorities, taking into account the gravity and particular circumstances of the criminal offence or misconduct. If the public contracting authorities consider the self-cleaning measures by the undertaking to be insufficient, they shall provide the undertaking with justification for the decision.