Art. 198. Rules for participation in the tender of the general contractor

1. The contracting authorities are entitled to require, for the individual tenders:

a) that the tenderer demonstrates the absence of the reasons for exclusion set forth in Article 80. The control of the existence of the general prerequisites shall always be performed with respect to the successful tenderer;

b) that the tenderer demonstrates, through consolidated financial statements and suitable bank statements, the availability of financial resources for the pre-financing, proportional to the work to be realized;

c) that the successful tenderer selected at the time of the tender or by the tenderer itself has the specific technical skills required for the work to be realized and the economic financial and organizational technical requisites suitable for the project to be prepared.

2. Affiliated companies in accordance with Article 7 cannot compete in the same tender. It is forbidden for participants to participate in the tender in more than one temporary joint venture or consortium, or to compete in the tender in individual form, if they participated in such tender in association or as a consortium, including a stable consortium.

3. The general contractors having adequate and competent qualification classification to participate in the tenders, can participate in the tender in association or consortiums with other companies as long as the latter are allowed, for any classification, in the qualification system or can be qualified, for any classification. Associated companies or those in a consortium can contribute to establishing the prerequisites set forth in paragraph 1.
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