Regulation 78. Reliance on the capacities of other entities

(1) With a view to meeting the conditions for participation laid down in regulation 77 an economic operator may, where appropriate and for a particular concession, rely on the capacities of other entities, regardless of the legal nature of its links with them. Where an economic operator wants to rely on the capacities of other entities, it shall prove to the contracting authority or the contracting entity that it will have at its disposal, throughout the period of the concession, the necessary resources, for example, by producing a commitment by those entities to that effect. With regard to financial standing, the contracting authority or the contracting entity may require that the economic operator and those entities are jointly liable for the execution of the contract.

(2) Under the same conditions, a group of economic operators as referred to in regulations 58 and 59 may rely on the capacities of participants in the group or of other entities.