18 Dec We would be grateful for confirmation regarding the possibility that the individual bidder may invoke the economic/financial and technical/professional solvency of the group of companies to which it belongs. In this regard, the bidding company may be a newly-created company in which, individually, the requirements of solvency demanded by the Specifications are not present but are fulfilled at the level of the group of companies to which it belongs.
Article 67.3 of the revised text of the Public Sector Contracts Act sets down that in the case of legal entities belonging to a group of companies, and for the purposes of the evaluation of their economic, financial, technical or professional solvency, it is possible to take into account the companies belonging to the group, provided always that the legal entity in question accredits that it will indeed have at its disposal during the period of time to which Article 70.2 refers, the necessary means from those companies for the execution of the contracts.
Nevertheless, in this case, the classification of the bidders cannot be demanded and nor is the said legal precaution applicable referring to the applicable criteria and conditions for classification. In consequence, the bidding company must accredit its solvency, on the terms set down in clause 4 of the specifications of particular administrative clauses which govern the making of the contract.