And I will never leave you until…

According to our experience the entities participating in public tenders – in order to meet all the requirements set by the ordering party and to ensure the guarantee of the proper performance – are predominantly created by consortia. Our legal practice also indicates that very often upon conclusion of the consortium agreement one starts considering the possibility of withdrawal from the consortium membership as well as the consequences resulting therefrom. Recently we have advised our client, who raised such a doubt upon submission of an application for admission to a limited tender, however prior to the offer submission. And although the literature and the National Appeal Chamber provide for the opportunity to change the composition of a consortium, upon the admission to the procedure aiming to appoint the contractor – the change in question is allowed only in exceptional cases.


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