Procedura de achiziţie publică cu resurse puse în comun - condiţii. Riscul transmiterii ofertei. Semnătură electronică extinsă - sancţiune lipsă calitate de reprezentant

The public procurement procedure with joint resources - requirements. The risk of transmission of the offer. Extended electronic signature - sanction for lack of capacity as representative

Abstract

Art. 51 of GD 395/2016 reflects that the requirements for capacity are deemed met in case of the business operators joined for the award procedure and when proof is made that only one of the members of the joint venture has said authorization if said member performs part of the contract for which it is requested (para. 1). At the same time, in case of subcontracts, the requirements of capacity are deemed met also if the designated subcontractor has the permit requested in the award documentation but only when it is bound to perform the part of contract for which said permit is required (para. 2).

Pursuant to Art. 125 of GD 395/2...