Liste et brève description des conditions
Final conviction:
— has not over the last 5 years been the object of a conviction for one of the offences provided for in article 222-38, 222-40, 226-13, 313-1 to 313-3, 314-1 to 314-3, 324-1 to 324-6, 413-9 to 413-12, 421-1 to 421-2, by the second paragraph of article 421-5, in article 433-1, by the second paragraph of article 433-2, by the eighth paragraph of article 434-9, by the second paragraph of article 434-9, in articles 435-3, 435-4, 435-9, 435-10, 441-1 to 441-7, 441-9, 445-1 and 450-1 of the Criminal Code, to article 1741 of the General Tax Code, to articles L. 2339-2 to L. 2339-4 and L. 2339-11 to L. 2339-11-3 of the Defence Code and to article L. 317-8 of the Code of Internal Security, or for a similar offence in another member state of the European Union,
— has not been excluded from public procurement markets, following a criminal sentence, based on articles 131-10 to 131-39 of the Criminal Code.
Fight against illegal work:
— has not been over the last 5 years the object of a conviction recorded on form No. 2 of the criminal record for the offences referred to in articles L. 8221-1, L. 8221-3, L. 8221-5, L.8231-1, L. 8241-1 and L. 8251-1 and L.8251-2 of the French Labour code, or for a similar offence in another member state of the European Union,
— has not been excluded from administrative contracts by the “préfet”, in application of articles L. 8272-4, R. 8272-10 and R. 8272-11 of the French Labour code.
Disabled workers employment obligations:
— has, for public markets and framework agreements subject to the procurement contract code, subscribed to all obligations for the year preceding the launch of the call for tender in application of articles L. 5212-1 to L. 5212-11 of the Labour code on the employment of disabled workers.
Judicial liquidation:
— is not undergoing judicial liquidation under the terms of article L. 640-1 of the Code of Commerce or in a state of personal bankruptcy under the terms of article L. 653- to L. 653-8 of the same Code or equivalent procedure for candidates governed by a law other than French law.
Receivership:
— is not undergoing receivership procedure under the terms of article L. 631-1 of the French Code of Commerce or equivalent procedure for candidates governed by a law other than French law, or can provide a copy of the ruling authorizing it to continue with its activity for the foreseeable execution period of the market.
Fiscal and social situation:
— has, at 31 December of the year preceding the launch of the contract, subscribed to the tax and social declarations falling to it and paid the tax and contributions due on this date or, before the launch of this call for tenders, paid these taxes and contributions or constituted guarantees considered to be sufficient by the accountant or the body responsible for collection.
Gender equality:
— has not been over the last 5 years the object of a conviction recorded on form No. 2 of the criminal record for the offences referred to in article L. 1146-1 of the Labour code.
The candidate undertakes to respect and implement all the measures related to the General Data Protection Regulation [Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.4.2016].
— has implemented, by 31 December of the year preceding the launch of the contract, the obligation to negotiate provided for in article L. 2242-5 of the Labour code or failing that performed or undertaken the regularization of this status at the date of its submission.