Objective:

Integration within a team that would be responsible for one or more projects for the Office de la Naissance et de l’Enfance.

Context:

ONE aims to offer services with high public visibility that adapt to the latest technological developments to its beneficiaries as well as its partners (families, childcare facilities, etc.).

Conflicts of Interest

The concept of conflict of interest refers to any situation in which, during the awarding or execution, any person connected to a contracting authority in any way whatsoever, as well as any person likely to influence the awarding or its outcome, has directly or indirectly a financial, economic, or other personal interest that could be perceived as compromising their impartiality or independence in the context of the awarding or execution.

The existence of a conflict of interest is in any case presumed:

1. As soon as there is kinship or alliance, in the direct line up to the third degree and in the collateral line up to the fourth degree, or in the case of legal cohabitation, between the natural person and one of the candidates or tenderers or any other natural person who acts on behalf of any of them with the power of representation, decision, or control;

2. The natural person is, themselves or through an intermediary, owner, co-owner, or active partner of one of the candidate or tendering companies or exercises, in law or in fact, themselves or, where applicable, through an intermediary, a power of representation, decision, or control.

Any situation in which a natural person who has worked for a contracting authority as an internal collaborator, in a hierarchical relationship or not, as a relevant official, public officer, or any other person connected to a contracting authority in any way, later intervenes in the context of a public contract/call for projects awarded by this contracting authority and where there is a link between the previous activities performed by the aforementioned person for the contracting authority and their activities in the context of the contract/call for projects is considered a conflict of interest. The application of this provision is, however, limited to a period of two years following the resignation of the said person or any other way of ending the previous activities.

This provision gives the contracting authority, duly informed by the service provider, after verification of the situation, the possibility to terminate without compensation the contract/project for which the said provider is responsible. During these verifications, the information and justifications collected from the interested party will be particularly taken into account. In case of termination, a record of the services performed will be established for their payment to the service provider. In case of violation (for example, if the service provider does not disclose the conflict situation), the finding by the contracting authority may result in the nullity of the contract/project. If no justification is provided at the request of the contracting authority, the service provider will not be entitled to any payment for services performed after the moment when they should have been aware of the incompatibility. The contracting authority may, for the purposes of the contract/project, freely dispose of studies, reports, etc., prepared by the provider in execution of the contract/project. Furthermore, they may exclude the provider from their contracts/calls for projects for a determined period.

ONE’s preventive measures: an awareness note is automatically communicated when the provider’s file is created.

Confidential Information

All information that ONE provides to the other party within the framework of this contract is considered Confidential Information (hereinafter referred to as “confidential information”). This does not apply to information that the parties designate as non-confidential.

The contractor will treat the confidential information with the strictest confidentiality, use it only if required for the performance of the contract, and will not disclose it to any third party, except with the prior, written, and formal authorization of the beneficiary. The contractor will ensure that its employees, agents, and subcontractors are bound by the same confidentiality obligation by means of a written commitment from them.

The contractor will only disclose confidential information to persons necessary for the execution of the contract. Unless written and formal authorization is given, they will also ensure that their personnel, representatives, and subcontractors do not remove information on media or in any other form from the beneficiary’s premises.

Confidential information may be disclosed if, and to the extent that, the law or a regulatory authority so requires. In this case, the contractor will immediately notify ONE in writing so as to enable ONE to prevent such disclosure by all possible means of recourse.

If confidential information is obtained by unauthorized persons or entities and the contractor becomes aware of it, the contractor will immediately inform ONE by phone, email, and then by mail.

The rights and obligations of the parties arising from this article remain valid after the end of this contract/agreement.

If the contractor has breached the obligations concerning confidential information, ONE reserves the right to terminate the subsequent contract at any time, with a justified report.