Objective:

Integration within a team responsible for maintaining consistency 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-oriented 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 and partners (families, childcare facilities, etc.).

The technical environment of the project is as follows: microservices, spring boot, docker, devops, …

Together with your colleagues, you organize knowledge transfer sessions in order to raise the program management’s level.

You are responsive; interventions must be as quick and as efficient as possible. You enjoy solving problems and helping users.

You are comfortable with communication and are able to redirect information. Likewise, you can prioritize activities to address the most urgent ones first.

You are diplomatic, stress-resistant, possess excellent listening skills, and you are patient.

Conflicts of Interest

The concept of conflict of interest covers any situation in which, during the awarding or execution, any person connected in any way to a contracting authority, as well as any person 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.

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, on behalf of one of them, exercises a power of representation, decision, or control;

2. the natural person is, him/herself 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, him/herself 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, whether in a hierarchical relationship or not, as the relevant official, public officer, or any other person connected in any way to a contracting authority, subsequently intervenes in a public contract/project call awarded by this contracting authority, and there is a link between the previous activities performed for the contracting authority and his/her activities within the framework of the contract/project call, is considered a conflict of interest. However, the application of this provision is 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 verifying the situation, the possibility to terminate without compensation the contract/project entrusted to the said provider. During these verifications, particular account will be taken of the information and justifications obtained from the person concerned. In the event of termination, a statement of the services performed will be drawn up for their payment to the service provider. In case of infringement (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 upon request of the contracting authority, the service provider shall not be entitled to any payment for services performed after the time when they should have been aware of the incompatibility. The contracting authority may, for the purposes of the contract/project, freely use the studies, reports, etc., prepared by the provider in execution of the contract/project. In addition, the provider may be excluded from its contracts/project calls for a specified period.

ONE’s prevention 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 in the context of this contract is considered Confidential Information (hereinafter referred to as "confidential information"). This does not apply to information that the parties classify as non-confidential.

The contractor will treat the confidential information with the strictest confidentiality, will use it only if required for the execution 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 duty of confidentiality by means of a written commitment on their part.

The contractor will only disclose confidential information to persons necessary for the execution of the contract. Unless there is written and formal authorization, the contractor will also ensure that its staff, representatives, and subcontractors do not remove information, in any form or by any means whatsoever, from the beneficiary’s premises.

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

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

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 regarding confidential information, ONE reserves the right to interrupt the subsequent contract at any time, with a reasoned report.