Reg. 19 (PCR 2015)

Economic operators

In: Procure > Selection stage

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

Suppliers should be assessed against the selection requirements articulated in the procurement documents, including any requirements which apply specifically to groups of suppliers.

Key considerations at this commercial stage

Contracting authorities should:

  • ensure any response from a group of suppliers participating in the procurement process complies with the instructions contained within the procurement documents around how they are to satisfy the requirements of the procurement
  • ensure suppliers (whether responding as a group or individually) are treated fairly throughout the procurement process.

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
Read the regulation

This applies to