The Public Contracts (Scotland) Regulations 2015 No. 446

PART 2 RULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE

CHAPTER 2 RULES ON PUBLIC CONTRACTS

SECTION 4 Techniques and Instruments for Electronic and Aggregated Procurement

Occasional joint procurement

39.—(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.