CONSORTIUM AGREEMENTS AS A WAY FOR JOINT BIDDING FOR A PUBLIC CONTRACT IN THE POLISH PUBLIC PROCUREMENT LAW

Wojciech Szydlo ()
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Wojciech Szydlo: University of Wroclaw, Poland

Eurasian Journal of Social Sciences, 2018, vol. 6, issue 3, 1-8

Abstract: New EU directives on awarding public contracts do not introduce a single regulation on joint bidding for a public contract. Nevertheless, in many EU member states (such as France, the UK, Finland), there are separate regulations for consortium agreements between entrepreneurs. These regulations are quite similar due to harmonization of provisions concerning the public procurement market in the EU. Therefore, such agreements are fully, legally, and economically justified and there are no convincing reasons for declaring such agreements invalid. It should be emphasized that the conclusion of a consortium agreement in order to bid jointly for a public contract is intended to contribute complementarily to the success of the common business undertaking. The successful achievement of the aim requires a joint action of two or more entities and synergy, which result from such a combination and guarantee a suitable value added. The advantages of two models of consortia, i.e. a centralized model and a decentralized model, are broadly discussed. The paper supports the view that a consortium agreement seems to be a relatively flexible instrument of cooperation between entities when jointly bidding for awarding a public contract.

Keywords: Consortium; Consortium Agreement; Public Order; Public Procurement Law; Successful Bidder (search for similar items in EconPapers)
Date: 2018
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