Can the required procurement experience be confirmed jointly by several participants?
- The procedure for participation and confirmation of experience is determined in the procurement documentation:
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Short answer: yes, this is possible provided certain conditions are met.
In practice, the question often arises as to whether, when legal entities participate jointly in competitive procedures (procurements), it is permissible to confirm experience, business reputation and qualifications jointly. At the same time, the practical question arises as to whether this possibility depends on the source of funding for the procurement — budgetary funds or the customer’s own funds.
In assessing such a possibility, the following should be taken into account.
A holding is the only case in which the possibility of joint participation is expressly provided for by legislation (Decree No. 385). The source of funding for the procurement does not affect this possibility. At the same time, the customer determines the specific procedure for confirming experience, business reputation and qualifications in the procurement documentation.
Other associations of legal entities (simple partnership, consortia, etc.) do not have an unconditional right to participate jointly in procurements. The possibility of joint participation and the procedure for confirming experience (aggregate experience or the experience of one of the legal entities) for other associations of legal entities are permitted only if the customer has expressly provided for this in the procurement documentation.
The procedure for participation and confirmation of experience is determined in the procurement documentation:
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for public procurement — taking into account the requirements of the Law on Public Procurement and Resolution of the Council of Ministers No. 395, and Decree No. 385;
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for procurement funded from the customer’s own funds — taking into account the requirements of Resolution of the Council of Ministers No. 229, and Decree No. 385.
Thus, when assessing the possibility of jointly confirming experience (either aggregate experience or the experience of one of the participants), it is necessary to consider the form of association, the source of funding for the procurement (the applicable legislation), as well as the specific wording of the procurement documentation.
If you plan to participate in a procurement as part of a group of companies or another association and have doubts as to the possibility of jointly confirming experience, it is advisable to assess in advance the requirements of the applicable legislation and the procurement documentation.
Authors: Sergey Sushchenya, Ellina Gordienko.
We advise on participation in public and commercial procurements, including analysis of the documentation terms, assessment of the admissibility of joint participation and experience confirmation, as well as support in communications with the customer.
Email us at info@revera.legal if you have any questions regarding participation in procurements and confirmation of experience, or contact us via the “Write to a lawyer” button.
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