93It must, however, be pointed out that it is permissible for the Austrian authorities to insert into the conditions governing calls for tenders for the award of the contracts in question clauses obliging the successful tenderer to maintain general confidentiality, and to stipulate that a candidate undertaking which is not in a position, due in particular to the law of its Member State, to provide sufficient guarantees as regards compliance with that obligation vis-à-vis the authorities of that State will be excluded from the award procedure. It is also permissible for the Austrian authorities to provide for the application of penalties against the successful tenderer, in particular contractual penalties, if there is a failure to comply with such an obligation during the performance of the contract in question.
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