Coop\u00ader\u00ada\u00adtion between com\u00adpa\u00adnies is always fraught with prob\u00adlems in pub\u00adlic pro\u00adcure\u00adment pro\u00adce\u00addures. One par\u00adtic\u00adu\u00adlar\u00adly sus\u00adcep\u00adti\u00adble con\u00adstel\u00adla\u00adtion is the ear\u00adly nam\u00ading of project part\u00adners, which turns out to be no longer cor\u00adrect in the course of the award pro\u00adce\u00addure. <\/p>\n
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You want to work with a very spe\u00adcif\u00adic com\u00adpa\u00adny, either as a sub\u00adcon\u00adtrac\u00adtor or as a bid\u00adding con\u00adsor\u00adtium, or per\u00adhaps just as a sup\u00adpli\u00ader or equip\u00adment rental com\u00adpa\u00adny. The pre\u00adlim\u00adi\u00adnary talks go well, but then some\u00adthing changes. Maybe it\u2019s about mon\u00adey, maybe it\u2019s about capac\u00adi\u00adty. In any case, it turns out that you no longer want to or can work togeth\u00ader as you had orig\u00adi\u00adnal\u00adly intend\u00aded. The prob\u00adlem: You have already indi\u00adcat\u00aded to the con\u00adtract\u00ading author\u00adi\u00adty in the award pro\u00adce\u00addure that you will coop\u00ader\u00adate with this third par\u00adty, and prob\u00ada\u00adbly also exact\u00adly how. <\/p>\n
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It is pos\u00adsi\u00adble that you have sub\u00admit\u00adted the bid or only the appli\u00adca\u00adtion for par\u00adtic\u00adi\u00adpa\u00adtion as a bid\u00adding con\u00adsor\u00adtium. In this case, the bid\u00adder is not your com\u00adpa\u00adny, but the bid\u00adding con\u00adsor\u00adtium. Or you may have iden\u00adti\u00adfied cer\u00adtain ser\u00advices as sub\u00adcon\u00adtrac\u00adtor ser\u00advices. In oth\u00ader words, you have indi\u00adcat\u00aded that you do not want to or are not able to per\u00adform these ser\u00advices in your own com\u00adpa\u00adny. Instead, they are to be pro\u00advid\u00aded by third par\u00adties, i.e. these part\u00adner com\u00adpa\u00adnies, which are now no longer will\u00ading or able to do so. <\/p>\n
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It depends. Per\u00adhaps you have made the dec\u00adla\u00adra\u00adtions as a bid\u00adding con\u00adsor\u00adtium, but have not yet explained in any way how the oblig\u00ada\u00adtions are divid\u00aded up with\u00adin the bid\u00adding con\u00adsor\u00adtium \u2014 and can \u201crecap\u00adture\u201d your sup\u00adposed ex-part\u00adner by means of a rea\u00adson\u00adable bid\u00adding con\u00adsor\u00adtium or ARGE con\u00adtract. And if it is a sub\u00adcon\u00adtrac\u00adtor, have you already giv\u00aden his name? In each indi\u00advid\u00adual case, it is nec\u00ades\u00adsary to exam\u00adine exact\u00adly how the prob\u00adlem can be solved. And do it by lawyer. Do not do it your\u00adself! Because the sword of Damo\u00adcles of the exclu\u00adsion of the offer or par\u00adtic\u00adi\u00adpa\u00adtion request hangs over you, e.g. because of sub\u00adse\u00adquent changes to the offer or par\u00adtic\u00adi\u00adpa\u00adtion request. The solu\u00adtion does not always (in fact, extreme\u00adly rarely) lie in the award pro\u00adce\u00addure. Often, a solu\u00adtion can be found on a con\u00adtrac\u00adtu\u00adal lev\u00adel \u2014 with the third par\u00adty. <\/p>\n
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*This legal tip is not a sub\u00adsti\u00adtute for legal advice in indi\u00advid\u00adual cas\u00ades. By its very nature, it is incom\u00adplete, nor is it spe\u00adcif\u00adic to your case, and it also rep\u00adre\u00adsents a snap\u00adshot in time, as legal prin\u00adci\u00adples and case law change over time. It can\u00adnot and does not cov\u00ader all con\u00adceiv\u00adable con\u00adstel\u00adla\u00adtions, serves enter\u00adtain\u00adment and ini\u00adtial ori\u00aden\u00adta\u00adtion pur\u00adpos\u00ades and is intend\u00aded to moti\u00advate you to clar\u00adi\u00adfy legal issues at an ear\u00adly stage, but not to dis\u00adcour\u00adage you from doing so. <\/span><\/p>\n","protected":false},"excerpt":{"rendered":" Coop\u00ader\u00ada\u00adtion between com\u00adpa\u00adnies is always fraught with prob\u00adlems in pub\u00adlic pro\u00adcure\u00adment pro\u00adce\u00addures. One par\u00adtic\u00adu\u00adlar\u00adly sus\u00adcep\u00adti\u00adble con\u00adstel\u00adla\u00adtion is the ear\u00adly nam\u00ading of project part\u00adners, which turns out to be no longer cor\u00adrect in the course of the award pro\u00adce\u00addure. Your part\u00adner no longer wants or can You want to work with a very spe\u00adcif\u00adic com\u00adpa\u00adny, either [\u2026]<\/p>\n","protected":false},"author":4,"featured_media":14800,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"wp_typography_post_enhancements_disabled":false,"footnotes":""},"categories":[171],"tags":[],"team_kategorien":[],"lexikon_kategorie":[],"class_list":["post-15220","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-procurement-law"],"acf":[],"_links":{"self":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts\/15220","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/comments?post=15220"}],"version-history":[{"count":1,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts\/15220\/revisions"}],"predecessor-version":[{"id":15221,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts\/15220\/revisions\/15221"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/media\/14800"}],"wp:attachment":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/media?parent=15220"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/categories?post=15220"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/tags?post=15220"},{"taxonomy":"team_kategorien","embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/team_kategorien?post=15220"},{"taxonomy":"lexikon_kategorie","embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/lexikon_kategorie?post=15220"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}