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We assist companies forming consortia in organising effective cooperation, ensuring all formal aspects and compliance with Public Procurement Law regulations are met. Our objective is to provide a solid legal foundation that fosters collaboration, establishes mechanisms for the efficient resolution of disputes between consortium members, and ensures the seamless performance of contracts concluded with the contracting authority.
Consortia of contractors exhibit unique dynamics – they are teams of entities, often significantly different from one another, cooperating to execute a contract (usually a high-value and high-complexity project). Such cooperation requires a precise division of duties, the establishment of liability principles, clear rules for consortium financial management, and effective communication between members. As a law firm, we support contractors forming consortia at every stage of project implementation – from drafting the consortium agreement and participating in the tender procedure to the final execution of the contract.
Cooperation within a consortium requires clearly defined rules. We draft and analyse consortium agreements that regulate the relations between participants, ensure an efficient allocation of duties, and guarantee the legal security of each party. With our assistance, consortium members obtain a stable legal basis for cooperation, helping them avoid potential disputes or, should they arise, providing pre-defined rules for their resolution.
Consortia of contractors often undertake large-scale projects requiring a meticulously prepared bid. We assist in developing tender documentation, taking into account the specifics of the project, the requirements of the contracting authority as set out in the tender documents, and the provisions of the law. We ensure that the consortium’s bid is compliant with Public Procurement Law and meets all formal requirements. Upon request, we verify the prepared bid for its compliance with the law and the requirements specified in the SWZ (Terms of Reference).
We provide legal support during all formal actions related to participation in tender procedures, allowing consortium members to focus on the strategic aspects of the project. We offer support at the stage of bid preparation, providing clarifications, and conducting negotiations with the contracting authority.
Cooperation within a consortium may lead to differences of opinion between its members. At the contract execution stage, disputes may also arise between the consortium and the contracting authority. We offer support in resolving disputed issues, helping to reach an agreement in a manner compliant with the law and the interests of all parties. In consortium agreements, we often propose that our clients define rules and procedures for resolving potential internal disputes, which greatly facilitates their mitigation and fosters good cooperation.
Our services do not end with the selection of the consortium’s bid in the tender procedure. We assist in managing the legal and formal aspects of project implementation, monitoring compliance with the contract terms, and offering support in problematic situations, such as delays or changes to the scope of the contract. We also offer training on public procurement regulations to help consortium members better understand their duties and the extent of their liability.
The rule under contracts implemented using PPL (Public Procurement Law) is that consortium members adopt the principle of joint and several liability towards the contracting authority. This means that the contracting authority may demand the full performance of the obligations covered by the contract from each consortium member individually or from all members jointly. In internal relations, however, consortium members usually define the scope of works and supplies for which they will be responsible during the execution of the contract with the contracting authority. Consortia often consist of companies with varying specialisations and sizes, which in turn requires a flexible approach to the organisation of cooperation. The consortium agreements prepared by our firm take these aspects into account, significantly increasing the legal and financial security of individual consortium members in the event of a failure to perform the public contract.
We provide our clients operating within consortia with legal security that supports the effective organisation of the works covered by the contract. We provide full support to consortium members at every stage of the contract execution or investment project.