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 may not be such as to restrict competition or make it technically or economically difficult to perform the service.