Art. 197. Qualification system for the general contractor

1. The certification that the general contractor has the necessary prerequisites shall be made in the manner set forth in Article 84. The qualification can be requested by individual firms in the form of commercial companies or cooperatives, by consortium of manufacturing and labor cooperatives provided by Law No. 422 of 25 June 1909 and by the Legislative Decree No. 1577 of the temporary Head of State of 14 December 1947 and subsequent modifications, or by the stable consortium set forth in Article 45, paragraph 2, clause c).

2. General contractors shall be qualified by classification, with reference to the gross amount of the awards for which they can compete. The general contractors cannot compete for awards of a gross amount that is greater than that of their enrollment classification, certified using the system set forth in this Article or documented in accordance with Article 45, except for the right to be associated with another general contractor.

3. The qualification classifications shall be determined by ANAC (in effect, they are determined by a Decree of MIT in accordance with Art. 199 - reporter’s note).

4. Prerequisites for general contractors to be able to participate in the tender, in addition to the lack of reasons for exclusion set forth in Article 80, include additional requirements of adequate economic and financial capacity, adequate technical and organizational suitability, as well as adequate technical and managerial staff. Such further requirements shall be determined using the guidelines adopted by ANAC (in effect, they are determined by a Decree of MIT in accordance with Art. 199 - reporter’s note).