Athe tender specifications which requires in the case of a tender submission by a consortium what is the contribution of each of its members to fulfill the requirements applicable to the professional capacity they fit proportionally to the part of the work to be actually performed that is assigned to him in the work. In this case the contracting authority concerned would have wanted to avoid a tenderer trying to argue at the stage of its tender the capacity that it does not intend to use and conversely the access of a tenderer to the market and the possibility to carry out part of work but which does not have the necessary capacity and resources for the proper performance of the activity.
On this question the Court of Justice decided that it was possible given the Country Email List technical nature and the importance of the work involved to run the proper execution of these requirements in the case of submitting an offer by a consortium each of the members of the consortium performs specific tasks for own professional capacity. However this clause provides that there is a purely mathematical correspondence between the contribution of each of professional competence requirements and the share of jobs that everyone is determined to achieve in the event of the award of the contract.
The Court noted that such a requirement does not take into account the nature of the tasks to be performed by each member of the consortium or the specific technical skills of each of them. Following the Advocate Generals opinion the Court held that a consortium must be free to collectively meet the requirements for professional capacity including experience and then be able to specify how various contract tasks were performed on which the authority may then request to verify. The more general arithmetic requirement used here was considered an unjustified restriction on the free provision of services and the.
發表於 2023-12-27 14:56:53
