Regulation 41. Occasional joint procurement

(1) After seeking the approval of the Director and subject to the conditions the latter may impose, two or more contracting entities may agree to perform certain specific procurements jointly.

(2) Where the estimated value of the joint procurement falls under the threshold established under regulation 30(1)(b), and unless the Director agrees otherwise, the procurement procedure shall be administered by the Director.

(3) Where the conduct of a procurement procedure in its entirety is carried out jointly in the name and on behalf of all the contracting entities concerned, they shall be jointly responsible for fulfilling their obligations pursuant to these regulations. This applies also in cases where one contracting entity manages the procedure, acting on its own behalf and on the behalf of the other contracting entities concerned.

(4) Where the conduct of a procurement procedure is not in its entirety carried out in the name and on behalf of the contracting entities concerned, they shall be jointly responsible only for those parts carried out jointly. Each contracting entity shall have sole responsibility for fulfilling its obligations pursuant to these regulations in respect of the parts it conducts in its own name and on its own behalf.