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?
- Late formation, start partner search early
- Unclear service boundaries
- Missing individual declarations from each partner
- Antitrust issues if partners could bid independently
- 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.