Liste et brève description des conditions
Please see the RFI at the following link:
https://pha2.edf.com/. The RFI is under reference AVIS007338.
1/ Those candidates who have, within the last five years, been handed down a final sentence for one of the offences provided for in Articles 222-34 à 222-40, 225-4-1, 225-4-7, 313-1, 313-3, 314-1, 324-1, 324-5, 324-6, 421-1 to 421-2-4, 421-5, 432-10, 432-11, 432-12 to 432-16, 433-1, 433-2, 434-9, 434-9-1, 435-3, 435-4, 435-9, 435-10, 441-1 to 441-7, 441-9, 445-1 to 445-2-1 or 450-1 of the French Penal Code, Article 1741 to 1743, 1746 or 1747 of the French General Tax Code
2/ Those candidates who have, within the last three years, been handed down a final sentence listed on Report n° 2 of the Criminal Records Bureau for one of 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, or for one of the offences provided for in Article L. 1146-1 of the same Code and in Article 225-1 of the French Penal Code. Those candidates who, on 31 December of the year prior to that during which the tender is launched, have not fulfilled their obligations relating to the negotiation obligation provided for in Article L. 2242-1, 2° of the French Labour Code; as well as those candidates who have, within the last three years, been handed down a final sentence for the offence referred to in Article 131-39, 5° of the French Penal 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 or those candidates subject to court-supervised administration proceedings provided for in Article L. 631-1 of the French Commercial Code, as well as those candidates subject to equivalent proceedings under a foreign law jurisdiction. However, the following shall be regarded as eligible candidates: those candidates admitted to court-supervised administration proceedings provided for in Article L.631-1 of the French Commercial Code or to equivalent proceedings under a foreign law jurisdiction who provide evidence that they have been authorised to continue their activities throughout the foreseeable term of execution of the contract.
4/ Those candidates who had not fulfilled their obligations in terms of tax and social security declarations or had not paid the payable tax and contributions. However, the following shall be regarded as eligible candidates: those candidates who, prior to the date on which the procuring entity determines the candidates’ admissibility, had not paid the various amounts due or provided any guarantees, but who had, 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.
5/ Those candidates who have been subjected to a measure of exclusion from administrative contracts by virtue of an administrative decision taken in application of Article L. 8272-4 of the French Labour Code.
In order to provide evidence that it is not in one of the situations cited in points 1) to 5) above, the candidate must furnish a sworn statement, dated and signed. For the situations cited in point 4) above, the candidate must also provide the certificates issued by the competent authorities and bodies. For the situations cited in point 3) above, the candidate must also provide an extract from the relevant register, such as a K extract, a K bis extract, a D1 extract or, failing that, an equivalent document issued by the competent judicial or administrative authority of the candidate's country of origin or establishment, attesting to the absence of exclusion.
These conditions are applicable to the candidates and to each of the members of a group wishing to tender as a single candidate.