Consortia of Contracting Authorities

GJW Gramza i Wspólnicy advises on the establishment and operation of consortia of contracting authorities and other forms of joint public procurement. We support public entities and entities required to apply the Public Procurement Law (PZP) in designing the cooperation model, preparing documentation, and organising jointly conducted procurement procedures, taking into account the allocation of competences, liability, and the flow of information between consortium participants.

Joint procurement requires careful selection and subsequent definition of roles, including the appointment of a lead contracting authority, as well as the establishment of decision-making rules and standards for documenting actions.

In projects financed from public funds, including EU funds, it is also important to ensure that joint procurement remains fully consistent with the financing conditions. Where state aid issues arise, a comprehensive assessment is required to determine whether the procurement model affects the eligibility of expenditures and the competitive neutrality of the project.

The scope of our services includes in particular:

• selection of the appropriate joint procurement formula, such as a consortium of contracting authorities, a cooperation agreement, or a joint procedure with a lead contracting authority, taking into account the organisational needs of the participants,
• preparation and negotiation of documents governing the cooperation, including the agreement/consortium arrangement, allocation of tasks, financing rules, liability, settlements, and decision-making mechanisms,
• design of an effective organisational model for the procedure, including the competences of the lead contracting authority and the participation of the remaining contracting authorities in preparing the Terms of Reference (SWZ), evaluating tenders, and selecting the contractor,
• support in defining the subject matter of the contract and its structure, including division into lots, taking into account the needs of the individual contracting authorities and the principles of efficiency,
• advice and supervision in relation to estimating contract value and procurement planning in a multi-entity structure,
• preparation and review of procurement documentation, including the Terms of Reference / Description of the Subject Matter of the Contract (SWZ/OPZ), evaluation criteria, conditions for participation, and the draft contract, to ensure consistency for all participants,
• structuring rules for communication and document flow, including archiving standards and the audit trail relevant to inspections and settlements,
• support in preparing for and concluding the contract with the contractor, including the structure of performance for the benefit of individual contracting authorities, acceptance procedures, settlements, liability, and rules on contract amendments,
• in projects financed from public funds, assessment of the compatibility of joint procurement with financing conditions, including documentation and settlement requirements,
• analysis of state aid issues relevant to joint procurement, in particular assessment of risks related to selective advantage and the impact of the model on costs and their market-based character,
• professional representation in appeal proceedings and disputes relating to actions of the contracting authority, insofar as they concern the organisation of a joint procedure.

Joint Public Procurement in Construction Projects

Joint public procurement in construction projects is a solution used for larger-scale investments or projects requiring cooperation between several entities. This model makes it possible to coordinate the activities of contracting authorities, standardise documentation, and conduct the procedure efficiently.

From both an organisational and legal perspective, it is crucial to define the rules of cooperation properly, including the division of competences, liability, and decision-making processes. A properly designed procedural model affects not only the course of the procedure itself, but also the security of project implementation and the ability to settle expenditures correctly, particularly in projects financed from public funds.

Our approach

We focus on creating an effective and efficient cooperation structure. Our lawyers provide comprehensive public procurement advice, supporting clients in agreeing the rules governing the liability borne by individual contracting authorities within the consortium. We design the documentation and the process in such a way that the procedure runs smoothly from an organisational perspective while remaining complete in formal and evidential terms. We also provide ongoing legal advice in procurement matters and support at every stage of the procedure. In projects financed from public funds, we take into account settlement requirements and state aid issues so that joint procurement does not hinder the eligibility of expenditures or the achievement of the project’s objectives.