Chapter III: Provisions relating to sub-contracts

The purchaser may require the contract holder to:1° Put economic operators out to tender in order to select them as subcontractors;2° Subcontract part of the contracts.For the purposes of this article, economic operators linked to the contract holder are not considered to be subcontractors.

The holder may not be required to behave in a discriminatory manner towards its potential sub-contractors, in particular on the grounds of their nationality.

In the event of a sub-contract, the holder of the main contract remains personally liable for the performance of all obligations arising from the contract.

The purchaser may ask the candidate, tenderer or contract holder to indicate the identity of the subcontractors it intends to use and the nature and scope of the services to be entrusted to them. It may require the tenderer or holder to submit the sub-contracts.

By way of derogation from the provisions of article L. 2393-1, the purchaser may require certain essential tasks of the contract to be carried out directly by the contractor, in particular for reasons relating to the security of supplies or information.

The purchaser may not accept an economic operator proposed by the candidate, tenderer or holder as a subcontractor if it is placed in a case of exclusion mentioned in chapitre Ier du titre IV ou au motif qu’il ne présente pas les garanties suffisantes telles que celles exigées pour les candidats du marché public principal, notamment en termes de capacités techniques, professionnelles et financières ou de sécurité de l’information ou…

When the contractor decides to award the sub-contracts on the basis of a framework agreement defined in 1° of Article L. 2325-1, the duration of this framework agreement may not exceed seven years, except in exceptional circumstances determined by taking into account the expected lifespan of the objects, installations or systems delivered, as well as the technical difficulties that may arise from a change of third party economic operator.