Abstract

Absence of a specific legal regulation as regards fulfilment of conditions for participation in the proceedings by syndicated bidders made it necessary to work out, in the practice of awarding public procurement contracts, as well as in the doctrine and jurisdiction, general principles and detailed rules relating to this aspect of syndicated bidding. Reference to the situation of syndicated bidding of the primary principle of the public procurement legal regime -- the need of equal treatment of contractors leads to a conclusion that syndicated bidders should be treated as a single entity. Hence the principles of joint fulfilment of condition for participation in the proceedings by the syndicate, also defined as the principle of accumulative potential of co-contractors. The said principle is not, however, of an absolute nature, and exceptions therefrom are a result inter alia of a strictly personal character of certain specified conditions for participation in the proceedings. As regards individual conditions, doubts may be aroused by the permissible way of accumulating potential so that syndicated bidders actually showed the level of capacity to perform the contract expected by the contracting authority. This leads to the need of formulating the rules of correct accumulation of co-contractors’ potential with respect to selected conditions for participation in the proceedings. Finally, syndicated bidding involves specific procedural problems relating to the method of evaluating fulfilment of conditions for participation.