Article 22Groups of economic operators
(a)one economic operator in the group possesses the necessary technical and professional ability or economic and financial standing; or
(b)where such ability or standing can be established by combining the relevant technical and professional ability or economic and financial standing from two or several members of the group, unless such combination would not achieve the same level of ability or standing.
2.When justified by the nature of the contract and in accordance with the principle of proportionality, public buyers may:
(a)derogate from paragraph 1, second subparagraph, point (a) or (b), for selection criteria relevant for certain critical tasks;
(b)require that certain critical tasks be performed directly by the member of the group that fulfils the selection criterion relevant for that task.
Public buyers shall identify the critical tasks and related, requirements, clearly indicating them and their justification in the procurement detail.
3.Conditions for the performance of the contract by groups of economic operators may be permitted to differ from those imposed on other economic operators only where justified by objective reasons, which are proportionate and clearly indicated in the procurement detail.
4.Without prejudice to Member States’ competence to organise their social security systems, public buyers shall not require a group of economic operators to assume a specific legal form, including once they have been awarded the contract.
5.Public buyers shall give particular consideration not to create unjustified or disproportionate barriers related to the size of the economic operators participating in a group, in particular for SMEs.