Article 97. Causes for exclusion of participants in groupings.

1. Without prejudice to the provisions of article 96, paragraphs 2, 3, 4, 5 and 6, the grouping is not excluded if one of its participants is affected by an automatic or non-automatic cause of exclusion or by the absence of a requirement of qualification, if the conditions referred to in paragraph 2 have occurred and the following obligations have been fulfilled: a) when submitting the offer: 1) communicated to the contracting authority the excluding cause which occurred before the submission of the offer and the absence, before the submission of the offer, of the qualification requirement, as well as the person who is interested; 2) has proven the measures adopted pursuant to paragraph 2 or the impossibility of adopting them before that date; b ) has adopted and communicated the measures referred to in paragraph 2 before the award, if the excluding cause occurred after the submission of the offer or the qualification requirement ceased to exist after the submission of the offer. 2. Without prejudice article 96, if a participant in the grouping is in one of the situations referred to in articles 94 and 95 or does not possess one of the requirements referred to in article 100, the grouping can prove that it has ousted him or replaced him with another subject with the necessary requirements, without prejudice to the substantial unchangeability of the offer presented. If these measures are deemed sufficient and promptly adopted, the grouping is not excluded from the procurement procedure. If the contracting authority considers that the measures are untimely or insufficient, the economic operator is excluded with a reasoned decision. 3. Paragraphs 1 and 2 also apply to ordinary consortia. They also apply to consortia between artisan businesses, as well as to stable consortia limited to the executing consortium members and the consortium members having the requisites of which the consortia avail themselves. EFFECTIVE FROM: 1 July 2023