Section 3: Provisions applicable to sub-contracts that do not have the nature of sub-contracts

The purchaser may require the holder to accept all or some of the subcontractors who are not subcontractors. It shall state this in the invitation to tender.In this case, these subcontractors shall be accepted under the conditions laid down in this section.The purchaser shall specify, where appropriate, the parts of the contract services or the amount of the subcontract above which the subcontractor, if any, must be accepted.

Where the tenderer presents subcontractors when submitting the tender, it shall provide the purchaser with a declaration stating: 1° The nature and amount of the services that are the subject of the subcontract; 2° The name, business name or corporate name and address of the proposed subcontractor; 3° The place where the subcontracted services are to be performed; 4° The subcontractor’s ability to carry out the professional activity and its…

When the holder introduces subcontractors after the contract has been notified, he shall submit to the purchaser, against a receipt or by registered letter with acknowledgement of receipt, a declaration containing the information mentioned in article R. 2393-42. The acceptance of the sub-contractor is recorded by a written decision of the purchaser.

If the purchaser remains silent for twenty-one days from receipt of the declaration referred to in articles R. 2393-42 and R. 2393-43 , this shall also constitute acceptance of the sub-contractor.