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
It is prohibited to exclude from a regulated procurement process any supplier(s) that does not assume a specific legal form (e.g. whether participating as a group of suppliers or participating in an individual capacity). Contracting authorities may nonetheless require groups of suppliers to assume a specific legal form once they have been awarded a contract, where necessary for the satisfactory performance of the contract.
Key considerations at this commercial stage
Contracting authorities should:
- ensure the procurement is designed fairly and proportionately and in a manner that is not designed with the intention of excluding either groups of suppliers or individual suppliers
- ensure suppliers (whether responding as a group or individually) are treated fairly throughout the procurement process.
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
