Definition
Law 4412/2016 (article 2) defines an economic operator (οικονομικός φορέας) as any natural or legal person, public entity or group of such persons that offers on the market the execution of works, the supply of products or the provision of services. The term is deliberately broad: it presupposes no specific legal form, size or seat.
Depending on the stage of the procedure the same economic operator is called a candidate (when it asks to take part in a restricted procedure), a tenderer (when it has submitted a bid), a provisional contractor (when it has the best bid and its award evidence is being checked) and a contractor (when it signs the contract).
Groups of economic operators
Two or more companies may submit a joint bid as a group, without forming a new legal person. The contracting authority cannot require a specific legal form for participation, but may require one after the award if it is necessary for proper performance. Each member of the group submits its own European Single Procurement Document and the members are jointly and severally liable to the authority.
The group is the usual way for a small company to meet selection criteria it does not meet on its own, such as minimum turnover or technical experience in similar contracts.
Reliance on the capacities of third parties
As an alternative to a group, an economic operator may rely on the capacities of other entities to meet economic or technical criteria, regardless of the legal nature of the links between them. It must prove that it will actually have those resources at its disposal, usually by an undertaking from the third party. For criteria relating to educational qualifications and professional experience, the third party must itself perform the part of the contract for which it lends the capacity.
What you need to take part
- Registration as an economic operator in ΕΣΗΔΗΣ for every electronic tender. Registration is done once and applies to all contracting authorities.
- A qualified electronic signature of the legal representative.
- The non-exclusion documents and the evidence for the selection criteria that each tender document requires.
The registration steps and the structure of the bid are described in the guide on ΕΣΗΔΗΣ and the Promitheus portal.
Frequently asked questions
Can a self-employed professional be an economic operator?
Yes. The definition covers any natural person offering services or products on the market. The same non-exclusion documents are required as for a company, with the criminal record and the clearance certificates issued in the name of the professional.
Does a group of companies need a new tax number?
Not to take part. The group bids with the tax numbers of its members and a private agreement that names the joint representative and the participation shares. A new legal form may be required only after the award, if the tender documents so provide.