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Can solvency be accredited through group companies?

Solvency

Of course, I explain it without so much bureaucratic return. Look, yes, a company can use the financial or technical "musculature" of other companies in the same group to plant in a public tender. Of course, it is not as simple as saying "Hey, we are cousins" and now; how it is done and paperwork depends on the country and the administration that draws the tender. Each with their roll.

In Spain, for example, the roll is in Law 9/2017 (yes, another law, I know), that in its article 75.4 it says that you can take advantage of the economic, technical or professionals of other companies, whether sisters, premiums, or the group. But - and here comes the trap - you have to prove that you will really have those means to fulfill the contract. That is, it is not worth with posture.

That to use the solvency of the group does not free you to meet the rest of the requirements that ask you in the tender. No shortcuts. In addition, you have to put in the offer a signed, very clear commitment of the other company of the group, where he says that he puts his resources at your disposal for what the contract lasts. And eye: that commitment has to be serious, without rare conditions, and to remain until the work is over.

Do not miss you if the administration asks you for more evidence that the group really has what is needed. They can ask for balances, previous contracts, quality certificates ... whatever they can think of, basically.

A colleague advice: if you are going to pull of others solvency, make sure that all the papers are in order and there is not a comma. It is better to go caught than to fall short and eat a brown later. And do not forget: even if you use the solvency of the group, the visible and responsible face are still you and your company. If the thing comes out frog, you eat the brown you.

In summary: Yes, you can rely on group companies to enter a tender, and sometimes it is the only way to compete against the greats. But before throwing yourself, find out the requirements, and if you have doubts, better consult with someone who knows public contracts or, if you see that the thing is complicated, pill a lawyer who controls the subject. It is better to prevent than regret, right?

Marta Jiménez

Marta Jiménez

Expert in public procurement • Digital transformation of tenders • Trainer and author at Tendios

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