53It follows from all the abovementioned provisions that, in the absence of a final judgment or a final administrative decision regarding a tenderer, a contracting authority must, where it has sufficient evidence to establish a presumption that that tenderer is guilty, inter alia, of grave professional misconduct, refer the case to the panel referred to in Article 108 of the Financial Regulation in order for that panel to issue a recommendation containing, where appropriate, a preliminary classification in law of the facts at issue.