Article 205. General contractor award procedures.

1. The notice identifies the technical-economic feasibility project and indicates, in relation to the characteristics and complexity of the work and the result to be pursued, the minimum and maximum number of competitors invited, ensuring in any case effective competition. When the requests for participation exceed the maximum number indicated, the granting body selects the economic operators to invite, on the basis of criteria relevant to the subject of the contract, disclosed in the notice. 2. The award takes place according to the criterion of most economically advantageous offer, identified not only on the basis of the ordinary contract award criteria, but also taking into account in particular: a) the technical and aesthetic value of the variants; b) the increase in the value of the pre-financing, compared to that indicated in the notice, offered by the competitor; c) of any other element suitable for the best pursuit of the administrative result deduced in the contract. 3. The tender notice may provide that the tenderer demonstrates: a) the absence of the reasons for exclusion indicated in articles 94, 95, 96, 97 and 98, without prejudice to the need to always verify possession of the general requirements by the bidder who is subsequently successful; b) the availability of financial resources, aimed at pre-financing, proportionate to the work to be carried out; c) the possession, by the contractor companies designated in the tender or by the bidder himself, of professional and financial requirements suitable for carrying out the requested services. 4. Related companies cannot compete in the same tender. The operator who participates in the tender, individually or as part of a temporary grouping or consortium, cannot participate as a member of another temporary grouping, association or consortium, even a stable one. 5. The general contractor in possession of the required qualification classification may participate in the tender procedure in association or consortium with other companies provided that the latter are admitted, for any classification, to the qualification system or are eligible for any classification. The associated or consortium companies contribute to demonstrating the requirements referred to in paragraph 1. 6. The assignments of the granting bodies operating in the special sectors are governed, in addition to the provisions of this Part, by the relevant rules of Book III. 7. The assignments of granting bodies other than those indicated in paragraph 6 are governed, in addition to the provisions of this Part, by the rules of Book II, Part IV. EFFECTIVE FROM: 1 July 2023