Liste et brève description des conditions
Information, formalities and documents to be submitted by the candidates to evaluate if the requirements are met.
The required information shall include as a minimum the following information/documentation:
— company's description/presentation,
— corporate ownership and corporate structure details.
(If the company is a subsidiary, the name of the parent company and ultimate parent company must be stated as well as the name of a French representative, if any.)
— corporate headquarters details,
— list of worldwide locations if any (subsidiaries, affiliates, joint ventures, distributors) specifying the type of functionality (manufacturing, service, sales),
— an administration statement stamped and signed by the company that the work will be achieved by regular workers, according to the laws in force,
— a sworn statement dated, stamped and signed by the company stating that the candidate is not in one of the 4 situations cited in points 1) to 4) below (full text to be entirely transcribed in the sworn statement):
1) Those candidates who have, within the last 5 years, been handed down a final sentence for one of the offences provided for in Articles 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 421-2-3, subparagraph 2 of Article 421-5, Article 433-1, subparagraph 2 of Article 433-2, subparagraph 8 of Article 434-9, subparagraph 2 of Article 434-9-1, Articles 435-3, 435-4, 435-9, 435-10, 441-1 to 441-7, 441-9, 445-1 and 450-1 of the French penal code, Article 1741 of the French general tax code and Articles L. 2339-2 to L. 2339-4, L. 2339-11-1 to L. 2339-11-3 of the French defense code and L.317-8 of the French interior security code;
2) Those candidates who have, within the last 5 years, been handed down a sentence listed on report No 2 of the criminal records bureau for the offences referred to 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 French labour code;
3) Those candidates subject to the compulsory liquidation proceedings provided for in Article L. 640-1 of the French commercial code, those individuals whose personal bankruptcy has been pronounced under Articles L.653-1 to L. 653-8 of the same code as well as those persons subject to equivalent proceedings under a foreign law jurisdiction. Candidates admitted to the compulsory reorganization proceedings laid down by Article L. 631-1 of the French commercial code or to equivalent proceedings under a foreign law jurisdiction must provide evidence that they have been authorized to continue their activities throughout the foreseeable term of execution of the contract;
4) Those candidates who, on 31 December of the year prior to that during which the tender is launched, had not fulfilled their obligations in terms of tax and social security declarations or had not paid the tax and contributions payable on that date. However, the following shall be regarded as eligible candidates: those candidates who, on 31 December of the year prior to that during which the tender is launched, had not paid the various amounts due on that date or provided any guarantees, but who had, before the date of the launch of the tender and without any enforcement measures having been taken by the accountant or the agency responsible for collection, either paid the said amounts or provided guarantees deemed sufficient by the accountant or the agency responsible for collection. Individuals who are legal or de facto directors of a legal entity that does not satisfy the conditions provided for in this subparagraph may not personally tender for a contract.
These conditions are applicable to the candidates and to each of the members of a group wishing to tender as a single candidate.
The sworn statement shall be provided by the candidate, all the members of the consortium or joint venture, and also by the proposed subcontractors.