Chapter III: Application phase

Persons who have been the subject of a final conviction for one of the offences provided for in articles 222-34 to 222-40 are excluded from the procedure for awarding concession contracts,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 General Tax Code, and for concession contracts that are not defence or security concession contracts,…

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

The following persons are excluded from the procedure for awarding concession contracts: 1° Who are subject to the compulsory liquidation procedure provided for in article L. 640-1 of the French Commercial Code or who are subject to an equivalent procedure governed by foreign law; 2° Who, on the date on which the granting authority decides on the admissibility of their application, are subject to a personal bankruptcy order or a…

The following persons shall be excluded from the procedure for awarding concession contracts: 1° Persons who have been sanctioned for failure to comply with the obligations laid down 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 who have been convicted under Article L. 1146-1 of the same Code or Article 225-1 of the French Penal Code;…

Persons who are excluded from administrative contracts by virtue of an administrative decision taken in application of article L. 8272-4 of the Labour Code are excluded from the procedure for awarding concession contracts.

The conceding authority may, by way of exception, authorise an economic operator who would be in a case of exclusion provided for in sub-sections 1 and 3 of this section, to participate in the procedure for the award of a concession contract, provided that this is justified by overriding reasons of general interest, that the concession contract in question can only be awarded to this economic operator and that a…

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…