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Chapter I: Grounds for exclusion from the award procedure

Article L2141-1 of the French Public procurement code

Persons who have been the subject of a final conviction for one of the offences referred to in articles 222-34 to 222-40,225-4-1,225-4-7,313-1,313-3,314-1,324-1,324-5,324-6,421-1 to 421-2-4,421-5,432-10,432-11,432-12 to 432-16,433-1,433-2,434-9,434-9-1,435-3, 435-4, 435-9, 435-10, 441-1 to 441-7, 441-9, 445-1 to 445-2-1 or 450-1 of the French Criminal Code, articles 1741 to 1743, 1746 or 1747 of the French General Tax Code, or for receiving such offences, as well as for equivalent offences under the legislation…

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Article L2141-2 of the French Public procurement code

Persons who have not made the declarations required of them in terms of tax or social security or who have not paid the taxes, levies, contributions or social security contributions due are excluded from the contract award procedure. The list of these taxes, levies, contributions or social security contributions is set by an order of the Minister for the Economy appended to this code.This exclusion does not apply to persons…

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Article L2141-3 of the French Public procurement code

The following persons are excluded from the contract award procedure: 1° Subject to the compulsory liquidation procedure provided for in Article L. 640-1 of the French Commercial Code or subject to an equivalent procedure governed by foreign law; 2° Who, on the date on which the purchaser decides whether their application is admissible, are subject to a personal bankruptcy order or a management ban pursuant to articles L. 653-1 to…

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Article L2141-4 of the French Public procurement code

Persons are excluded from the contract award procedure if: 1° They have been sanctioned for failure to comply with the obligations set out in Articles L. 8221-1, L. 8221-3, L. 8221-5, L. 8231-1, L. 8241-1, L. 8251-1 and L. 8251-2 of the Labour Code or have been convicted under Article L. 1146-1 of the same Code or Article 225-1 of the Criminal Code; 2° On 31 December of the year…

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Article L2141-6 of the French Public procurement code

The purchaser may, by way of exception, authorise an economic operator who is in a case of exclusion provided for in this Section to participate in the procedure for the award of a contract, provided that this is justified by overriding reasons relating to the public interest, that the contract in question may be awarded only to that economic operator and that a final judgment of a court of a…

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Article L2141-6-1 of the French Public procurement code

A person who finds himself in one of the cases of exclusion mentioned in articles L. 2141-1, L. 2141-4 and L. 2141-5 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 cooperating with…

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Article L2141-7 of the French Public procurement code

The purchaser may exclude from the contract award procedure persons who, during the previous three years, have been required to pay damages, have had their contract terminated or have been subject to a comparable sanction as a result of a serious or persistent breach of their contractual obligations during the performance of a previous public procurement contract.

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Article L2141-7-1 of the French Public procurement code

The purchaser may exclude from the procedure for the award of a contract persons subject to Article L. 225-102-4 of the French Commercial Code who do not comply with the obligation to draw up a due diligence plan including the measures provided for in the same Article L. 225-102-4, for the year preceding the year of publication of the invitation to tender or the launch of the consultation. Such consideration…

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Article L2141-8 of the French Public procurement code

The purchaser may exclude from the contract award procedure persons who :1° Either have attempted to unduly influence the purchaser’s decision-making process or to obtain confidential information likely to give them an unfair advantage during the contract award procedure, or have provided misleading information likely to have a decisive influence on the exclusion, selection or award decisions ;2° Either through their prior direct or indirect participation in the preparation of…

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