PART 2RULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE
CHAPTER 2RULES ON PUBLIC CONTRACTS
SECTION 4Techniques and Instruments for Electronic and Aggregated Procurement
Occasional joint procurement38
1
Two or more contracting authorities may agree to perform certain specific procurements jointly.
2
Where the conduct of a procurement procedure in its entirety is carried out jointly in the name and on behalf of all the contracting authorities concerned, they shall be jointly responsible for fulfilling their obligations under this Part.
3
Such joint responsibility applies also in cases where one contracting authority manages the procedure, acting on its own behalf and on the behalf of the other contracting authorities concerned.
4
Where the conduct of a procurement procedure is not in its entirety carried out in the name and on behalf of the contracting authorities concerned—
a
they 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 this Part in respect of the parts it conducts in its own name and on its own behalf.