Article 107. General principles regarding selection.

1. Contracts shall be awarded on the basis of criteria established in accordance with Articles 108 to 110 following verification, in application of Article 91 and Annex II.8, the latter with regard to evidence and the online register, of the existence of the following conditions: a) the offer complies with the provisions contained in the tender notice or in the invitation to confirm interest as well as in the tender documents; b) the offer comes from a tenderer who is not excluded from the pursuant to Chapter II of Title IV of this Part and which meets the requirements referred to in Article 100 and, if applicable, Article 103. 2. The contracting authority may decide not to award the contract to the tenderer who has submitted the most economically advantageous offer if it has ascertained that the offer does not satisfy the environmental, social and labor obligations established by European and national legislation, collective agreements or international labor law provisions indicated in Annex to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014. 3. In open procedures, the contracting authority may provide in the tender documents that the offers are examined before verifying the suitability of the tenderers. This right can be exercised after the deadline for submitting offers has expired. If it makes use of this possibility, the contracting authority guarantees that the verification of the absence of the reasons for exclusion and compliance with the selection criteria is carried out in an impartial and transparent manner. EFFECTIVE FROM: 1 July 2023