Overview
This Regulation allows suppliers to rely on the capacities of other entities when bidding for a particular contract, in order to meet the contracting authority’s requirements in relation to economic and financial standing and technical and professional ability, regardless of the legal relationship between them.
Where a supplier seeks to rely on the capacities of other entities, it must prove to the contracting authority that the necessary resources will be available, e.g. through a commitment from those entities.
The contracting authority must also verify whether the relied-upon entities meet the relevant selection criteria and if there are any grounds for exclusion, in which case there may be a requirement to replace the relied-upon entity.
In certain circumstances, a contracting authority may require that specific critical tasks be performed directly by the supplier bidding for the contract.