Integration into a team responsible for maintaining unity across the projects of the Office de la Naissance et de l’Enfance.

Context:

The Office de la Naissance et de l’Enfance (ONE) wishes to continue its beneficiary-focused approach in the development of its applications.

Furthermore, ONE aims to offer these highly visible public services, which adapt to the latest technological developments, to its beneficiaries as well as its partners (families, childcare facilities, etc.).

The candidate will join a team participating in the ongoing digital transformation at ONE.

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, as well as anyone likely to influence the awarding or outcome thereof, 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 case of legal cohabitation, between the natural person and one of the candidates or tenderers or any other natural person who, on behalf of one of these, exercises a power of representation, decision, or control;

2. The natural person is, either personally 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, either personally or, as the case may be, through an intermediary, a power of representation, decision, or control.

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

This provision gives the contracting authority, duly informed by the service provider and after verifying the situation, the possibility to terminate, without compensation, the contract/project assigned to said provider. During these verifications, particular account will be taken of the information and justifications obtained from the concerned party. In case of termination, a statement of the services performed will be drawn up for payment to the service provider. In the event of an infraction (for example, if the service provider does not disclose the conflict situation), the finding by the contracting authority may lead to 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 they should have become aware of the incompatibility. For the needs of the contract/project, the contracting authority may freely dispose of the studies, reports, etc., prepared by the provider during the execution of the contract/project. Additionally, they may exclude the provider from their contracts/project calls for a specified 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 qualify as non-confidential.

The contractor will treat the confidential information with the strictest confidentiality, use it only if required for the execution of the contract, and will not disclose it under any circumstances to third parties, except with the prior, written, and formal authorization of the beneficiary. The contractor will ensure that its workers, agents, and subcontractors are bound by the same duty of confidentiality through a written commitment on their part.

The contractor will only disclose confidential information to persons necessary for the execution of the contract. Unless formally and in writing authorized, the contractor will also ensure that its staff, representatives, and subcontractors do not remove information from the beneficiary’s premises in any form or manner.

Confidential information may be disclosed if, and to the extent that, the law or a regulatory authority requires it. In this case, the contractor will immediately inform ONE in writing to allow it to prevent such disclosure by all possible legal means.

If confidential information is obtained by persons or entities not authorized and the contractor becomes aware of it, the contractor will immediately inform ONE by telephone, e-mail, and subsequently by mail.

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

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