Overview
This regulation provides that, in the case of certain public contracts, suppliers (i.e. economic operators) may be required to indicate the names and professional qualifications (where relevant) of staff who will be responsible for the performance of the contract in the tender or the request to participate.
Regulation 19 also provides that groups of suppliers can participate in a procurement procedure and shall not be required to have a specific legal form (such as a special purpose vehicle, for example) in order to submit a tender or a request to participate.
Contracting authorities can specify in the procurement documents how such groups are to meet the selection requirements of the procurement, provided that this is proportionate.
Where a group of suppliers is awarded a contract, contracting authorities may, where it is necessary for satisfactory performance of the contract, require that the group assume a specific legal form (such as a special purpose vehicle, for example).
Objective at this commercial stage
The procurement documents should explain how groups of suppliers must respond to selection requirements, provided that such conditions are proportionate and justified by objective reasons. The procurement documents should also explain whether groups of suppliers are to assume a specific legal form once they have been awarded the contract, and whether such groups are subject to particular conditions in connection with the performance of a contract.
Key considerations at this commercial stage
Contracting authorities should:
- ensure suppliers are made aware of any requirement to provide the names and relevant professional qualifications of the staff responsible for the performance of a contract
- ensure requirements around how groups of suppliers are to meet any selection requirements or contract performance conditions are clearly set out in the procurement documents
- ensure suppliers are made aware, in the procurement documents, that should they be successful in the procurement as a group, whether they will be required to assume a specific legal form
- ensure suppliers (whether responding as a group or individually) are treated fairly throughout the procurement process, including where conditions for the performance of a contract by a group of suppliers are different for those of individual suppliers
- ensure the procurement is designed fairly and proportionately and in a manner that is not designed with the intention of excluding suppliers that participate in a specific legal form (whether as a group or as an individual supplier).
Legal framework
See also in the Procurement Act 2023:
- Section 22: Conditions of participation
Additional support and guidance
Make sure you:
- read the regulation
- seek legal and commercial advice in the context of specific procurements
