Subsection 2: Exclusions at the discretion of the licensing authority

The conceding authority may exclude from the procedure for awarding a concession contract those persons who, during the previous three years, have had to pay damages, have been sanctioned by termination 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 conceding authority may exclude from the procedure for awarding a concession contract those persons who, subject to article L. 225-102-4 of the French Commercial Code by virtue of the number of employees they employ, are unable to present a duly completed due diligence plan for the year preceding the year in which the concession notice is published or the consultation is launched. Such consideration may not be such as…

The conceding authority may exclude from the award procedure of a concession contract those persons who have undertaken to unduly influence the conceding authority’s decision-making process or to obtain confidential information likely to give them an undue advantage during the award procedure of the concession contract, or have provided misleading information likely to have a decisive influence on the exclusion, selection or award decisions.

The conceding authority may exclude from the procedure for awarding a concession contract those persons in respect of whom it 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 conceding authority may exclude from the procedure for the award of a concession contract persons who, by their candidacy, create a situation of conflict of interest, where this cannot be remedied by other means.Such a situation is any situation in which a person who participates in the concession contract award procedure or is likely to influence its outcome has, directly or indirectly, a financial, economic or any other personal…

The conceding authority which is considering excluding a person pursuant to this sub-section must put the person in a position to provide evidence that he has taken steps to demonstrate his reliability and, where appropriate, that his participation in the procedure for the award of the concession contract is not likely to prejudice the equal treatment of candidates. In particular, the person must demonstrate that it has, where appropriate, undertaken…