Subsection 2: Obligation of the holder to subcontract

When the purchaser decides to require the contractor to subcontract part of his contract pursuant to 2° of article L. 2393-3, he shall indicate this in the contract notice in the form of percentages set under the conditions laid down in article R. 2393-8. Where applicable, it also identifies in this notice the essential tasks that cannot be subcontracted in application of article L. 2393-7.

The purchaser shall indicate in the contract notice the minimum proportion of the contract value that the contractor will be required to subcontract in the form of a range comprising a minimum percentage and a maximum percentage which may not exceed 30% of the contract value. The percentages must be proportionate to the subject and value of the contract and to the nature of the industrial sector concerned, in particular…

The purchaser may ask the candidate, in the contract notice, to indicate the services he intends to subcontract above the minimum percentage required, as well as the subcontractors he has already identified.

The tenderer shall indicate in its tender the percentage of the contract value and the services it intends to subcontract in order to comply with the requirements set by the purchaser in the contract notice.

The tenderer indicates in its tender the exhaustive list of companies mentioned in 1° to 4° of article R. 2393-2 that are not considered as subcontractors. He must keep this list up to date and inform the purchaser of any changes.

The contractor awards the sub-contracts under the conditions defined in sub-section 3.