Open AccessThe Concept of Economic Operator and the Setting of Limitations to Awarding by Lots in Public Procurement in the Light of the Portuguese Public Contracts Code
Author(s) -
Nuno Cunha Rodrigues
Publication year - 2019
Publication title -
european journal of public procurement markets
Language(s) - English
Resource type - Journals
ISSN - 2184-3813
DOI - 10.54611/zozx8478
Subject(s) - call for bids , procurement , operator (biology) , discretion , competitor analysis , business , code (set theory) , limit (mathematics) , economics , computer science , marketing , mathematics , law , political science , programming language , mathematical analysis , biochemistry , chemistry , set (abstract data type) , repressor , transcription factor , gene
According to the EU 2014 directives, the contracting authority should divide into lots – or to justify not doing so. Furthermore, it may decide (i) to limit the number of lots to which each economic operator may submit tenders; (ii) to limit the maximum number of lots to be awarded per economic operator, or (iii) to aggregate all or part of the lots. In view of the limitation on the number of lots for which tenders may be submitted or the maximum number of lots to be awarded per competitor – either limitation to be determined in advance at the contracting authority’s discretion – the article addresses the question of whether albeit legally distinct competitors that maintain an economic unit or interdependent links may submit bids for different lots or groups of lots in the same procedure.