A person who is in one of the cases of exclusion mentioned in articles L. 3123-1, L. 3123-4 and L. 3123-5 may provide evidence that he or she has taken measures to demonstrate his or her reliability, in particular by establishing that he or she has, where appropriate, undertaken to pay compensation for the damage caused by the criminal offence or misconduct, that he or she has fully clarified the facts or circumstances by actively collaborating with the investigating authorities and that he or she has taken concrete measures to regularise his or her situation and prevent a new criminal offence or misconduct. These measures are assessed taking into account the seriousness and particular circumstances of the criminal offence or misconduct.
If the licensing authority considers that this evidence is sufficient, the person concerned is not 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 first two paragraphs of this article during the period of exclusion set by the final court decision.