What is a Joint Bidding Consortium?
A Bietergemeinschaft (joint bidding consortium) is an alliance of two or more legally independent companies that jointly submit a bid for a public tender. After contract award, the consortium becomes a working group (ARGE – Arbeitsgemeinschaft).
Why Form a Consortium?
Companies form joint bidding consortia to combine expertise, expand capacities for larger contracts, jointly meet eligibility requirements, enable SME participation in major tenders, and combine regional coverage.
Lead Partner (Federführer)
Every consortium must designate a lead partner who serves as the contact for the contracting authority, holds power of attorney for all members, coordinates bid submission and communication, and receives legally binding declarations.
Joint and Several Liability
Consortium members bear joint and several liability (gesamtschuldnerisch) toward the authority. The authority can demand full performance from any individual member. Internal liability allocation is regulated by contract between members.
Formal Requirements
A consortium declaration must be submitted with the bid, including identification of all members, designation of the lead partner, joint liability declaration, and task distribution. Each member must provide individual eligibility evidence. No company may bid both individually and as part of a consortium.