Date lodged: 5 July 2018
To ask the Scottish Government whether it is illegal for a company bidding for a public contract to use the accounts of an unrelated company, without that company's permission, as part of its bid submission.
Answered by: Derek Mackay 30 July 2018
A company must be excluded from bidding for public contracts if it, or any person that has powers of representation, decision or control in relation to that company has been convicted of one of the offences set out in the Public Contracts (Scotland) Regulations 2015. A public body may also exclude a company which has been found guilty of misrepresentation in supplying the information required for the selection stage of a tendering exercise.
Businesses bidding for public contracts must submit a European Single Procurement Document response as part of the selection process and provide a public body with evidence for the fulfilment of the selection criteria when requested. Where a bidder relies on the capacity of another entity to meet selection criteria, including in respect of financial and economic standing, that entity must also submit a separate European Single Procurement Document response and provide evidence when requested.
Where a company wants to rely upon the capacities of other entities, it must prove to the public body that it will have at its disposal the resources necessary, for example by producing a commitment by those entities to that effect.
Whether there are other legal consequences or implications regarding a bidding process would depend on the specific contract and the facts and circumstances applicable to that case.