Art. 172. Selection of and qualitative assessment of candidates

1. Contracting authorities or entities shall verify the conditions for participation relating to the technical and professional ability and the financial and economic standing of the candidates or tenderers, on the basis of self-declarations, on the basis of references or self-references or certifications to be submitted as proof. The conditions for participation shall be related and proportionate to the need to ensure the ability of the concessionaire to perform the concession, taking into account the subject-matter of the concession and the purpose of ensuring genuine competition.

2. With a view to meeting the conditions for participation laid down in paragraph 1, where appropriate and in case of a particular concession, an economic operator may rely on the capacities of other entities, regardless of the legal nature of its links with them. Where an economic operator wants to rely on the capacities of other entities, it shall prove to the contracting authority or the contracting entity that it will have at its disposal, throughout the period of the concession, the necessary resources. With regard to financial standing, the contracting authority or entity may require that the economic operator and those entities are jointly liable for the execution of the contract.
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