CONSORTIUM AS AN INSTRUMENT TO SUPPORT MICRO, SMALL AND MEDIUM-SIZED ENTERPRISES IN PUBLIC PROCUREMENTS

The subject of this article is the assessment of the consortium as an instrument supporting micro, small and medium-sized entrepreneurs in public procurement. At the beginning of the study, attention should be paid to the legal structure of the consortium, which has not yet been legally defined, although this instrument is mentioned in many legal acts. Then, the benefits of MSMEs’ participation in the consortium were discussed, which is an instrument that helps entrepreneurs in this sector eliminate many barriers to participation in public procurement. Moreover, it was necessary to indicate the conditions of participation and limitations on the summation of the potential of consortium members in public procurement, which are important in the aspect of proper implementation of the public contract, respect for the principle of equal treatment and competitiveness of the procedure. The summary includes the assessment and final conclusions. The issues discussed are based on the analysis of legal literature, legal acts and case law of courts and the National Appeals Chamber.