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Part 4 · Award of Public Contracts and Concessions  ›  Division 2 · Award of Public Contracts by Public Contracting Authorities › Section 122

Eligibility

(1) Public contracts shall be awarded to skilled and efficient (eligible) undertakings that have not been excluded under Section 123 or Section 124.

(2) An undertaking is eligible if it meets the criteria (selection criteria) defined in detail by the public contracting authority for the proper execution of the public contract. The selection criteria may exclusively relate to:

1.  Qualification and authorisation to pursue the professional activity;

2.  Economic and financial standing;

3.  Technical and professional ability.

(3) Proof of eligibility and the absence of grounds for exclusion under Sections 123 and 124 may be provided, entirely or in part, through participation in prequalification systems.

(4) Selection criteria must be related and proportionate to the subject matter of the contract. They shall appear in the contract notice, the prior information notice or the invitation to confirm interest.

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