French Public procurement code
In forcePersons who have been the subject of a final conviction for one of the offences referred to in articles 222-34 to 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 Criminal Code, articles 1741 to 1743, 1746 or 1747 of the French General Tax Code, or for receiving such offences, as well as for equivalent offences under the legislation of another Member State of the European Union.
The final conviction for one of these offences or for concealment of one of these offences of a member of the management, administrative, management or supervisory body or of a natural person who holds a power of representation, decision-making or control of a legal person entails the exclusion from the procurement procedure of this legal person, for as long as this natural person exercises these functions.
Except where the penalty of exclusion from the award of contracts has been imposed for a different period by a final court decision, exclusion from the award of contracts under this article applies for a period of five years from the date on which the conviction was handed down.
This exclusion is not applicable in the event of a suspended sentence being obtained in application of articles 132-31 or 132-32 of the French Penal Code, a deferral of the sentence in application of articles 132-58 to 132-62 of the same code or an increase in sentence in application of article 132-21 of the said code or articles 702-1 or 703 of the French Code of Criminal Procedure.
