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 to restrict competition or make it technically or economically difficult to perform the service.