Article L2193-1 of the French Public procurement code
November 8, 2023
This chapter applies to works contracts, service contracts and supply contracts involving services or installation work.
This chapter applies to works contracts, service contracts and supply contracts involving services or installation work.
For the purposes of this chapter, subcontracting is the operation whereby an economic operator entrusts, by means of a subcontract and under its responsibility, to another person called a subcontractor, the performance of part of the services of the contract concluded with the purchaser.The subcontractor is considered to be the main contractor with regard to its own subcontractors.
The holder of a contract may, under his own responsibility, subcontract the performance of part of the services of his contract, under the conditions laid down in this chapter.However, the purchaser may require that certain essential tasks of the contract be performed directly by the holder.Clauses, stipulations and arrangements which have the effect of overriding the provisions of this chapter are null and void, whatever their form.
The economic operator may resort to subcontracting when the contract is awarded and throughout its performance, provided that it has declared this to the purchaser and has obtained acceptance of the subcontractor and approval of its terms of payment.
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…
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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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