Bidding consortia and subcontractors

Principle: permitted

Bidding consortia and subcontractors are permitted unless the contracting authority excludes or restricts them in the tender or in the documents (PPA Art. 31 para. 1). Such a restriction must be stated in the tender (PPA Art. 35 let. f).

Multiple bids

Anyone who wants to bid more than once as a subcontractor or as a member of a consortium may only do so if the tender or the documents expressly allow it (PPA Art. 31 para. 2).

The characteristic service

The characteristic service must in principle be provided by the bidder itself (PPA Art. 31 para. 3). So you cannot pass on the core of the contract entirely.

Obligations apply to everyone

The participation conditions, such as paid taxes and social security contributions, also apply to subcontractors (PPA Art. 26 para. 1). They must also comply with occupational safety, working conditions and equal pay; this belongs in the contracts with them (PPA Art. 12 para. 4).

What to settle

• Agree in writing before submitting who takes which part, who leads and how liability is shared.
• Check in the documents how the eligibility of a consortium is assessed and whether the members' evidence is combined.
• Collect the evidence of all members in good time: register extracts and confirmations on taxes and social security.