1. Financing allocated by AFD to a Contracting Authority has been entirely untied since 1st January
2002. To the exception of any equipment or any sector which is subject to an embargo by the
United Nations, the European Union or France, all goods, works, plants, consulting services and
non-consulting services are eligible for AFD financing regardless of the country of origin of the
supplier, contractor, subcontractor, consultant or subconsultant inputs or resources used in the
implementation processes. The Contracting Authority means the Purchaser, the Employer, the
Client, as the case may be, for the procurement of goods, works, plants, consulting services or
non-consulting services.
2. A Person1 may not be awarded an AFD-financed Contract if, on the date of submission of its
Application, Bid, Proposal or Quotation, or at any time between this date and that of the
corresponding Contract award, it or any of its subcontractors, Directors2, employees or agents
(be it declared or not):
2.1 Is bankrupt, being wound up or ceasing its activities, is having its activities administered by
the courts, has entered into receivership, or is in any analogous situation arising from any similar
procedure;
2.2 Has, within the past five years, been subject to a final administrative sanction, a final
conviction issued by a competent authority, or any other non-court resolution3 having notably
an extinctive effect on public action, either (i) in the country of constitution of the Person, (ii) in
the country of performance of the Contract, (iii) in the context of the procurement or performance
of an AFD-financed Contract, (iv) pronounced by a European Union institution or (v) pronounced
by a competent authority in France, for:
a) Prohibited Practices4, or any other offence committed in the context of the procurement
or performance of a Contract, subject to additional information, such as a compliance
program, that such Person (or, respectively, their subcontractor, Director, employee or
agent) may consider useful to provide in the context of the Statement of Integrity, that
would give grounds to consider that this sanction, conviction or other resolution is not
relevant in the context of the present Contract;
b) Participation in a criminal organization, terrorist offences or offences related to terrorist
activities, child labor, or other offences related to human trafficking;
c) Having created an entity in a different jurisdiction with the intention of avoiding tax or
social obligations, or any other legal obligation applicable in the jurisdiction where it has
its registered office, its central administration or its principal place of business, or for
being an entity created with the intention of avoiding such obligations;
a. Has been subject to a termination fully settled against it within the past five years due to
a significant or persistent breach of its contractual obligations during the performance of a
Contract, unless (i) such termination was challenged and (ii) dispute resolution is still
pending or has not confirmed a full settlement against it.;
b. Has been declared ineligible by one of the multilateral development banks signatories to
the Mutual Recognition Agreement of 9 April 2010.5 In the event of such ineligibility, the Person may attach additional information to the Statement of Integrity that would give
grounds to consider that this ineligibility is not relevant in the context of this Contract;
c. Has not fulfilled their obligations relating to the payment of their taxes or social contributions,
in accordance with the legal provisions of their country of incorporation, or those of the
country of the Contracting Authority;
d. Has produced falsified documents or has been guilty of misrepresentation when providing
the information requested by the Contracting Authority in the context of the procurement
and award process for this Contract.
3. In addition, a Person may not be awarded an AFD-financed Contract if, on the date of submission of
its Application, Bid, Proposal or Quotation, or at any time between this date and that of the corresponding
Contract award, it or any of its subcontractors, Directors, employees, agents (be it declared or not),
direct or indirect shareholders, or subsidiaries, acting with its knowledge or consent:
3.1 Is directly or indirectly subject to, controlled by a person or an entity subject to, or acting in
the name or on behalf of a person or entity subject to individual sanctions measures
adopted by the United Nations, the European Union and/or France;
3.2 Is directly or indirectly subject to, controlled by a person or an entity subject to, or acting
in the name or on behalf of a person or entity subject to sectoral sanctions measures
adopted by the United Nations, the European Union and/or France;
3.3 Is ineligible for the implementation of the Project by way of any other international
sanctions measures pronounced by the United Nations, the European Union or France.
4. State-owned entities may compete only if they can establish that they (i) are legally and financially
autonomous, and (ii) operate under commercial law. To be eligible, a state-owned entity shall establish
to AFD’s satisfaction, through all relevant documents, including its Charter and other information AFD
may request, that it: (i) is a legal entity separate from their state (ii) does not currently receive substantial
subsidies or budget support; (iii) operates like any commercial enterprise, and, inter alia, is not obliged
to pass on its surplus to their state, can acquire rights and liabilities, borrow funds and be liable for
repayment of its debts, and can be declared bankrupt.