The grounds for exclusion by operation of law provided for in both Subsection 1 of this Section and this Subsection apply to the award of defence or security concession contracts.
A person who is in one of the cases of exclusion mentioned in the first paragraph of this Article, with the exception of those mentioned in Articles L. 3123-2 and L. 3123-3, may provide evidence that he/she has taken measures to demonstrate his/her reliability, in particular by establishing that he/she has, where appropriate, undertaken to pay compensation for the damage caused by the criminal offence or misconduct, that he/she has fully clarified the facts or circumstances by actively collaborating with the investigating authorities and that he/she has taken concrete measures to regularise his/her situation and prevent any new situation referred to in the first paragraph of this article. These measures will be assessed taking into account the seriousness and particular circumstances of these situations.
If the conceding authority considers that this evidence is sufficient, the person concerned will not be excluded from the concession contract award procedure.
A person who is subject to a penalty of exclusion from public contracts under Articles 131-34 or 131-39 of the Criminal Code may not invoke the second and third paragraphs of this article during the period of exclusion set by the final court decision.