Section 2: Exclusions at the buyer's discretion

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.

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…

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…

The purchaser may exclude from the procedure for awarding a contract those persons in respect of whom he has sufficient evidence or a body of serious, reliable and concordant evidence to deduce that they have entered into an agreement with other economic operators with a view to distorting competition.

The purchaser may exclude from the contract award procedure persons who, by their application, create a situation of conflict of interest, where this cannot be remedied by other means.Any situation in which a person who participates in the contract award procedure or is likely to influence its outcome has, directly or indirectly, a financial, economic or any other personal interest which could compromise his impartiality or independence in the context…

A purchaser who intends to exclude a person pursuant to this Section shall put that person in a position to provide evidence that he has taken steps to demonstrate his reliability and, where appropriate, that his participation in the contract award procedure is not likely to prejudice the equal treatment of candidates. In particular, the person must demonstrate that he has, where appropriate, undertaken to pay compensation for the shortcomings…