The possibility of using the resources of third parties by the contractor is guaranteed directly under Article 22a of the Public Procurement Law Act, which article was added on the occasion of implementation of Directive 2014/24/UE and became effective in 2016. According to the applicable provisions, the third parties may provide their resources only in the event that they carry out construction works or services to which these capacities are necessary. The requirement to complete a part of the contract in connection with which a given resource is provided should be understood as the obligation of an actual, real, and not theoretical completion of a part of the contract as a subcontractor or jointly with the contractor.
Legal counsel Jarosław Sroka
and legal counsel Kamila Nieśpielak
discuss in Rynek Infrastruktury the consequences of choosing a third party to provide a resource in the form of a technical or professional capacity.
The article is available here