PART 2RULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE

CHAPTER 2RULES ON PUBLIC CONTRACTS

SECTION 4Techniques and Instruments for Electronic and Aggregated Procurement

Occasional joint procurement39

1

Two or more contracting authorities may agree to perform certain specific procurements jointly.

2

Contracting authorities shall be jointly responsible for fulfilling their obligations under these Regulations where—

a

the conduct of a procurement procedure in its entirety is carried out jointly in the name of and on behalf of all the contracting authorities concerned; or

b

one contracting authority manages the procedure, acting on its own behalf and on behalf of the other contracting authorities concerned.

3

Where the conduct of a procurement procedure is not in its entirety carried out in the name of and on behalf of the contracting authorities concerned—

a

the contracting authorities shall be jointly responsible only for those parts carried out jointly; and

b

each contracting authority shall have sole responsibility for fulfilling its obligations under these Regulations in respect of the parts it conducts in its own name and on its own behalf.