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…
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…
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is a Registered Trademark of
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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