Subsection 1: Obligation of the holder to put subcontractors out to tender

When the purchaser decides to require the holder, for all or some of the subcontracts, to put the economic operators out to tender in order to choose one or more subcontractors pursuant to 1° of Article L. 2393-3, it shall state this in the contract notice. Where appropriate, the purchaser shall also identify in this notice the essential tasks that may not be subcontracted pursuant to Article L. 2393-7.

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

The holder of the defence or security contract awards the subcontracts under the conditions defined in sub-section 3.