Section 1: Acceptance of the subcontractor and approval of the terms of payment

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.