Many public contracts are too large or too broad for a single SME. A consortium solves that: several companies bid together and appear to the authority as one supplier. In construction this is often a joint venture, in IT a consortium.
Legal framework
Art. 31 PPA and the corresponding IVöB provision allow consortia and subcontractors unless the authority excludes or restricts them in the tender or documents. Multiple participation, meaning the same company in several consortia or alongside an individual bid, is only possible if the tender expressly allows it. Tenders regularly require joint and several liability of the members and a lead member.
How suitability is assessed
Whether the suitability criteria must be met by the consortium as a whole or by each member is set by the tender. References and capacities can often be combined, while criteria such as payment of taxes and social security contributions concern each member individually. Anyone forming a consortium should check this split first, otherwise the bid fails because of one member.
Consortium or subcontractor
In a consortium all members are contractual partners of the authority. A subcontractor only has a contract with the supplier, not with the authority. The choice affects liability, negotiating position, invoicing and who speaks to the authority. Many tenders require subcontractors to be named in the bid.
Competition law caution
A consortium is a legitimate way to access contracts no member could win alone. It can become problematic when companies that could each have bid individually join forces and reduce competition. The Swiss Competition Commission has repeatedly dealt with collusion in procurement, so the reasons for a consortium should be documented.