Selected group and proposal
What about when the offer is filed by one of the members of the group?
A contracting entity is not in breach of the principle of equal treatment of economic operators where it permits one of two economic operators who formed part of a group of undertakings that had, as such, been invited to submit tenders by that contracting entity, to take the place of that group following the group’s dissolution and to take part, in its own name, in a negotiated procedure for the award of a public contract, provided that it is established, first, that that economic operator by itself meets the requirements laid down by the contracting entity and, second, that the continuation of its participation in that procedure does not mean that other tenderers are placed at a competitive disadvantage.
Source: CJEU, C-396/14, 24 May 2016
Associated areas of specialisation: Public procurement and PPP