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Procurement ProcessAdvanced15 min read

How to Form a Bidding Consortium

When and how to form a bidding consortium, legal basics, agreements, and practical tips.

Steps Overview

  1. 1

    Assess Need for a Consortium

    Assess whether a consortium is necessary and beneficial, e.g., for missing references or capacities.

  2. 2

    Select Partners

    Choose partners with complementary competencies and verify their reliability and eligibility.

  3. 3

    Draft Consortium Agreement

    Create a legally sound agreement defining roles, service shares, liability, and the authorized representative.

  4. 4

    Coordinate Eligibility Evidence

    Coordinate the compilation of eligibility evidence from all partners and verify completeness.

  5. 5

    Create Joint Bid

    Create a unified bid and ensure all partners sign the declarations.

  6. 6

    Plan Internal Organization

    Plan internal project organization in case of award, communication, billing, liability.

Forming a Bidding Consortium

A bidding consortium (Bietergemeinschaft) allows multiple companies to jointly bid on a tender. This is particularly useful when a single company cannot meet all eligibility requirements alone.

When is a bidding consortium worth forming?

  • Missing references in specific areas
  • Capacity constraints for large contracts
  • Need for complementary competencies
  • Regional knowledge requirements

What legal framework applies to a bidding consortium?

The consortium is recognized under procurement law (§ 43 VgV). It forms a civil law partnership (GbR) with joint and several liability. One partner is designated as the authorized representative.

What must a consortium agreement contain?

The internal agreement should cover: partner details, authorized representative, service shares, liability arrangements, profit/loss distribution, communication processes, and exit provisions.

How is eligibility evidence assessed in a consortium?

Special rules apply: each partner must submit self-declarations individually, revenue figures are typically combined, references can come from any partner, and technical capability is assessed jointly.

Which mistakes are most common when forming a consortium?

  1. Late formation, start partner search early
  2. Unclear service boundaries
  3. Missing individual declarations from each partner
  4. Antitrust issues if partners could bid independently
  5. Poor internal coordination

Bidding consortium or subcontractor, which is better?

Consider using subcontractors instead if you want to remain sole contractor. Capability lending (§ 47 VgV) allows relying on third-party capacities in certain cases.

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