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 procurement procedure, have had access to information likely to distort competition in relation to other candidates, where this situation cannot be remedied by other means.