When the declaration of subcontracting is made when the tender is submitted, the tenderer must identify in his tender the subcontractors he intends to use and the nature and amount of the subcontracted services.When the declaration of subcontracting is made during the performance of the contract, the contractor must submit a special subcontracting document to the purchaser.
The conditions for acceptance of the subcontractor and approval of its terms of payment by the purchaser are laid down by decree in the Conseil d’Etat.
The tenderer or contract holder is obliged to communicate the subcontract to the purchaser at the latter’s request.
Where the amount of subcontracted services appears to be abnormally low, the purchaser requires the tenderer or contract holder to provide details and justification of the amount of these services.
If, after verification of the evidence provided by the tenderer or the contract holder, the purchaser establishes that the amount of the subcontracted services is abnormally low, he shall reject the tender if the request for subcontracting is made when the tender is submitted or shall not accept the proposed subcontractor if the declaration of subcontracting is submitted after notification of the contract, in accordance with the conditions laid down…
A direct subcontractor of the holder of the contract who has been accepted and whose terms of payment have been approved by the purchaser shall be paid for the part of the contract for which he is responsible: 1° Under the conditions laid down in this section when the amount of the subcontract is equal to or greater than a threshold set by regulation which may change according to changes…
A direct subcontractor of the contractor who has been accepted and whose payment conditions have been approved by the purchaser shall be paid directly by the purchaser for the part of the contract for which he is responsible.Any waiver of direct payment shall be deemed unwritten.
Direct payment is compulsory even if the contractor is being wound up by the court, is in receivership or is the subject of safeguard proceedings.
The terms of payment of subcontractors benefiting from direct payment, in particular the supporting documents to be sent to the contract holder, and the deadlines and conditions for acceptance of this payment, are defined by regulation.
A subcontractor who entrusts another subcontractor with the performance of part of the contract for which he is responsible is required to provide the other subcontractor with a personal and joint and several guarantee or a delegation of payment under the conditions defined inarticle 14 of law no. 75-1334 of 31 December 1975 relating to subcontracting.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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