Prohibition to bid on company directors
Prohibitions on public procurement applicable to the perpetrators of offenses under the Penal Code or the Labor Code must be interpreted as applying not only to the applicant legal person, but also to economic operators, including at least one de facto manager. or right has been convicted. In other words, if one of the directors of the company has been convicted and liable to fall within the scope of the bidding prohibitions provided for by the Code des Marches Publics, the application of the company whose he is one of the representative is tainted inadmissibility.
Therefore, can not be a candidate for a public contract:
- An enterprise that has been the subject of a conviction for the offenses mentioned in Article 43 of the Code des Marches Publics,
- An enterprise of which one of the directors, of law or of fact, was the subject of a condemnation to one of these infringements.