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We present an interesting article by our collaborator Mr. José Enrique Candela Talavero, Nationally Qualified Official and Doctoral Student in Administrative Law, which deals with the most important issues that we need to know about the economic solvency that may be required of bidders. In order to contract with the Public Administration, applicants must have and justify a series of requirements to configure their aptitude to be successful bidders. Among several of them is solvency. For this purpose, Law /, of November , on Public Sector Contracts, by which the Directives of the European Parliament and of the Council //EU and //EU are transposed into the Spanish legal system, of February , (hereinafter, LCSP) recognizes the exclusivity to contract with the public sector for natural or legal persons, Spanish or foreign, who, among other requirements, prove a certain economic and financial solvency (article ).
Solvency developed in article of said regulatory body, which will be determined by the contracting body and will be subject to publicity when indicated in the tender notice and specified in the specifications, being linked to the object of the contract and being proportional to it. Furthermore, the Canada Mobile Number List current article follows the line of its predecessor article TRLCSP /, of November , as it already recognized when transposing of Directive / under the heading “integration of solvency with external means” that: “To prove the solvency necessary to enter into a specific contract, the businessman may rely on the solvency and means of other entities regardless of the legal nature of the links he has with them, provided that he demonstrates that, for the execution of the contract, effectively has these means “adding article LCSP that “the entity to which it resorts is not subject to a prohibition to contract.
All this, with the guarantee for the Administration, according to section , of being able to demand forms of joint responsibility between that entity and the others in the execution of the contract, even on a joint and several basis. Proof, therefore, of the availability of those means of other organizations or companies that are not their property and that are necessary for the execution of the contract (STJEU case C-/ (Ballast Nedam Groep NV case) section ), STJEU of December , , case C-/ and Resolution No. /, December , of the TACRC (FD). Now, if when completing the single European contracting document the bidder declared that he met the solvency that was required without resorting to external means, later when he proves this requirement he cannot go to them, proving the economic and financial solvency but in a different from the one that had previously been responsibly declared.
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发表于 2024-3-12 00:20:25