The purchaser shall take appropriate measures to ensure that competition is not distorted by the participation in the contract award procedure of an economic operator who has had access to information of which other candidates or tenderers are unaware, due to his prior direct or indirect participation in the preparation of this procedure.
This operator is excluded from the award procedure only when this situation cannot be remedied by other means, in accordance with the provisions of 2° of article L. 2141-8.