Eignungsleihe (borrowing expertise from other companies)

Table of contents

What does it mean and how does it work?

With the suitability loan, the bidder obtains the capacities it lacks from other companies. In this way, it can compensate for its lack of suitability in the area of economic-financial and technical-professional performance. The legal relationship between the bidder and the subcontractor is generally irrelevant. However, the legal relationship must of course be such that the capacities borrowed are actually available to the bidder for the execution of the contract. Within the scope of the suitability test, the contracting authority shall, in accordance with Section 47 (2) VgV, Section 6d EU (1) sentence 4 VOB/A 2nd section, also verify the existence of the relevant suitability criteria and the absence of grounds for exclusion in the case of the companies from which the bidder borrows the suitability. Under certain circumstances, the contracting authority may require joint liability of the bidder and the other company for the execution of the contract, Section 47 (3) VgV, Section 6d EU (1) p. 4 VOB/A 2nd Section.

The mere transfer of parts of the performance to a subcontractor is not covered by the suitability lending. This involves a third party who is not involved in the contractual relationship with the contracting authority, but who has a direct contractual relationship with the contractor and performs parts of the service to be awarded on the contractor's behalf. In this case, the contractor also uses another company, but in this case only to fulfil the order and not to remedy its own suitability deficiencies.

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