A joint venture, a subcontractor and an entity lending capacity fulfil different roles. The bid must explain who participates, who performs each part and whose resources establish selection. Contractual cooperation must also respect competition law.
Structure the joint bid
Define members, representative, responsibilities, liability and internal decision-making before submission. The procurement documents may set justified conditions for groups and require a particular structure after award where necessary. An authority should not impose an unnecessary legal form merely for participation. Companies should also examine whether their cooperation restricts competition without sufficient justification.
Distinguish subcontracting from capacity reliance
A subcontractor may perform part of the contract without being needed to satisfy selection. If the bidder relies on another entity’s financial or technical resources, section 47 VgV and related rules become important. Availability must be demonstrated. Where relevant qualifications or experience are relied upon, the corresponding performance obligation must be considered.
Keep information consistent
Names, work shares, references, commitment declarations and exclusion information should tell the same story. A general letter of support may not establish the resources required by the particular contract. Check whether the documents require identification, approval or replacement of specific entities and what happens if a proposed partner becomes unavailable.
Changes need a fresh assessment
Replacing a member or capacity provider can affect bidder identity, selection and equal treatment. During contract performance it may also raise modification issues. Internal agreement between the partners does not settle procurement legality. Escalate the change before it is implemented and preserve evidence of continued capability.
Four practical examples
The following scenarios are illustrative, not reports of actual client matters. The outcome depends on the documents and circumstances of the individual procurement.
Example 1: Complementary specialists
Two firms combine different skills for a larger contract. They define work shares and authority to act, then examine the competitive justification for cooperation. A joint bid is not merely a shared price sheet.
Example 2: Ordinary subcontractor
A bidder outsources a minor service without relying on that firm for selection. Disclosure and approval rules may still apply. The absence of capacity reliance does not remove every subcontracting obligation.
Example 3: Borrowed experience
A bidder relies on another entity’s specialist experience. Evidence must show genuine access and any required performance by that entity. An informal promise to help may be insufficient.
Example 4: Partner withdraws
A joint bidder loses a member before award. Assess whether and how replacement is lawful before naming a substitute. Continued commercial interest does not remove issues concerning identity and equal treatment.
Related topics
Selection criteria, references and self-declarations · State procurement rules and collective-agreement compliance · Exclusion, self-cleaning and the Competition Register
Discuss your procurement
For a review, please identify the authority, contract or lot, current procedural stage and any deadline. We can then clarify the scope of the requested work. Contact our team. An enquiry does not itself create a retainer or preserve a legal deadline.
Legal sources
Official legislation and materials, some in German: § 43 VgV · § 47 VgV · § 36 VgV · § 1 GWB – Kartellverbot
Updated 13 November 2026. Illustrative guidance on German and EU procurement law.