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Submitting one bid together with other companies: what the rules allow, what the ESPD requires and where the cartel prohibition starts.
Checked on 15-09-2026
A consortium (combinatie, also called a samenwerkingsverband) is a group of two or more companies that submits one bid together and, if awarded, performs the contract together. According to PIANOo, the Dutch government's public procurement expertise centre, several companies in a consortium may jointly meet a suitability requirement. If your company has the expertise but not the size, or lacks one discipline, a partner can supply the missing part.
The Dutch Public Procurement Act 2012 (Aanbestedingswet 2012) limits what a contracting authority may ask of a consortium. Article 2.52, paragraph 4, prohibits requiring a specific legal form, such as a general partnership or private limited company, in order to submit a bid. The Proportionality Guide (Gids Proportionaliteit) goes further: under rule 3.5 H the contracting authority sets no higher requirements for a consortium than for a single bidder. The authority may, on objective and proportionate grounds, determine how a consortium meets the requirements.
Bidding as a consortium also means more paperwork. PIANOo states that each participating company submits its own European Single Procurement Document (ESPD, in Dutch UEA). In addition, you agree among yourselves who does what, who is the point of contact and how costs and risks are shared. The Guide also names the downside: you get a look into each other's business, and finding a suitable partner you trust is not a given.
Working with a competitor falls under competition law. Ondernemersplein points out that consortium agreements fall under the cartel prohibition. The Handleiding Combinatieovereenkomsten (guide on consortium agreements), sent to the Dutch House of Representatives by the Minister of Economic Affairs in 2015, provides a step-by-step test. If the companies cannot perform the contract independently without the cooperation, there is no conflict with the cartel prohibition. If they can, the effects on competition are assessed.
What this means for you: first identify which requirements you cannot meet on your own and look for a partner who fills exactly that part, preferably a company that complements you rather than a direct competitor. Put the division of tasks on paper before bidding and go through the step-by-step test in the guide to check whether the cooperation is necessary. If in doubt about competition law, a lawyer experienced in public procurement is the right person to consult.
These articles explain how public tendering works; they are not legal advice. If you are unsure about a specific tender, ask your question through the clarification round or consult a lawyer.
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