Not every tender has to be delivered entirely by one company. The law gives three tools that let a small company take part in a large tender.
Lots
The buyer may divide the tender into parts – by subject, by area, by stage. Each lot is evaluated and awarded separately. You may bid for one, several or all lots, unless the notice limits the number. Check:
- for which lots your experience and capacity are enough;
- whether the selection criteria differ between lots (they often do);
- whether the buyer limits the number of lots one bidder can win.
A well-prepared bid for fewer lots wins more often than a hurried one for all of them.
Consortia
Several companies can bid together as a consortium without forming a new company. A consortium agreement is needed, setting out the representative, the division of the work and the joint liability. The members' experience and resources are added up for the selection criteria – but suitability (for example registration in a professional register) must belong to the member who will carry out that activity.
What to settle in writing in advance: who invoices, how the payments are split, who provides the guarantee, what happens if a member drops out. Disputes inside a consortium after the contract is signed are the most unpleasant kind.
Subcontractors
You may give part of the work to a subcontractor if you name it in the bid with the share and type of work. The subcontractor submits its own ESPD and must have no grounds for exclusion. The buyer has the right to pay the subcontractor directly under certain conditions. Replacing a subcontractor after the contract is possible but needs the buyer's consent and a check of the new one.
Relying on the capacity of third parties
For the selection criteria you may rely on another company's resources – experience, equipment, staff – if you prove that it will actually provide them. A document of its commitment and the third party's ESPD are needed. For experience from completed contracts the third party usually has to take part in the performance too.
Which when
- A small tender in your field – on your own.
- A large tender with several different activities – a consortium with a partner who covers the other activity.
- A large tender in your field where your experience or resources fall short – a third party or a subcontractor.
- A series of similar tenders from one buyer – consider a framework agreement or a dynamic system where it applies.
Updated on 1 Oct 2026. The article is general information, not legal advice.
