Guidance for organisations/businesses who have formed, or are considering forming, a consortium for the purposes of tendering for a contract with the Council.
Hampshire County Council recognises and supports the opportunity for organisations/businesses to form consortia for the purposes of tendering.
If your organisation/business may benefit from forming/joining a consortium for the purposes of tendering for business with the Council, there are a number of factors you need to consider and prepare for.
At pre-qualification stage or as part of an Open Tender process, there will be questions which you will need to be able to answer about your consortium.
These will include
In order to review your proposed consortium arrangements, the Council may require further evidence regarding its structure and operation. This may include, but not necessarily be limited to, copies of documents such as joint working agreements, memorandum of understanding and governance arrangements.
In the absence of the required evidence your PQQ/tender submission may be excluded, so please ensure your proposed consortium arrangements have been discussed, documented and agreed with all members.
In the case of a consortium which is a jointly and severally liable (e.g. a new legal entity) the Council will consider evidence/information from within the consortium (i.e. from relevant members) relating to all questions in the PQQ or Open Tender.
In the case of all other forms of consortia which are not jointly and severally liable, the Council will consider evidence/information from within the consortium (i.e. from relevant members) for all questions with the exception of Financial Standing. In this instance, the only financial information which will be assessed will be that relating to the organisation which directly contracts with the Council (i.e. the lead organisation). The Council may also require further guarantees such as a parent company guarantee, performance bond or co-lateral warranty from all or some of the consortia members.
It is recognised that arrangements in relation to consortia may be subject to future change. However, when completing your PQQ/tender, your response should reflect the arrangements as they are currently envisaged.
You must immediately notify the Council of any proposed changes to your consortium membership or structure. The Council will review and consider the changes and will assess what impact this has on your submission (i.e. PQQ or tender). The Council reserves the right to exclude your PQQ/tender submission at any stage during a tender process based on these changes.
Useful guidance has been produced by the National Council for Voluntary Organisations (NCVO).
This information should not be relied upon as a substitute for formal legal advice when setting up a consortium. The Council is unable to provide any advice to organisations on the forming and setting up of consortia and your organisation/business should instead seek (where appropriate) independent advice on this matter.
The Council is not responsible for the content of any external websites and is providing the above link for information only. The Council is not responsible for any loss, however arising, from the use of, or reliance on this information.