Subsection 1: General conditions

The conditions for participation in the procurement procedure relating to the capacities of the candidate referred to in Article L. 2142-1, as well as the acceptable means of proof, shall be indicated by the purchaser in the notice of invitation to tender or in the invitation to confirm interest or, in the absence of such a notice or invitation, in the consultation documents.

Where the purchaser decides to set minimum capacity levels, he may only require minimum levels that are related and proportionate to the subject of the contract or its performance conditions.

An economic operator may have recourse to the capacities of other economic operators, whatever the legal nature of the links which bind it to these operators. The purchaser may require the economic operators concerned to be jointly and severally liable insofar as this is necessary for the proper performance of the contract. In this case, the purchaser must justify this requirement in the consultation documents.

The same person may not represent more than one candidate for the same contract.