• if the contractor unjustifiably blocks the confirmation of the performance of the obligations assumed by the subcontractor. 3. Where a subcontractor expresses the possibility of being paid directly, the contracting authority shall be required to include in the public contract binding contractual clauses providing for the lawful transfer of payment obligations to the subcontractor(s) for the related party or parties of the contract(s) at the time of confirmation of the performance of the obligations assumed by the subcontractor, in accordance with the provisions of paragraph 2. The natural/legal person who participated in the preparation of the procurement documents shall have the right to be appointed as a subcontractor in the procedure concerned, provided that his or her participation in the preparation of the documents is not likely to distort competition. New subcontractors are required to make a declaration under their own responsibility in which they assume compliance with the provisions of the specifications and the technical proposal submitted by the contractor to the tender in the context of the activity covered by the subcontract. 4. The contracting authority shall be required, at the time of the conclusion of the public contract or the introduction of new subcontractors, to require the presentation of contracts concluded between the contractor and the subcontractor(s) designated or subsequently declared in the tender in order to include in the public contract its activities and the amounts associated with the services. subcontractor: an economic operator proposed by a candidate, tenderer or contractor for the performance of part of a contract. According to the plan, the shipyard will focus on the production of semi-equipped offshore and seismic vessels as subcontractors to other shipyards. Av.

Iuliana Leon, Senior Associate ȚUCA ZBÂRCEA &ASOCIAŢII, during the debate Subcontractors to Power (in Public Procurement), the 152nd edition organized by the Société de Droit, discussed the differences between subcontractor and supplier. It may reject the proposed subcontractor if its capacity is not met and may request the candidate/bidder only once – his replacement and the submission of another subcontractor; If a subcontract is terminated unilaterally/terminated by one of the parties, the contractor is obliged to take over the part(s) of the contract(s) relating to the subcontractor activity or to replace that subcontractor with a new subcontractor. 1. The contracting authority shall make payments in accordance with the part or parts of the contract performed by the subcontractors proposed in the tender, if they so request, for services, supplies or works supplied to the contractor under the contract between the contractor and the subcontractor in accordance with the applicable law, provided that the nature of the contract so permits and that the project The subcontractors have made their choice. The contracting authority may also apply paragraphs 1 to 11 to a subcontractor. The tenderer shall not be entitled, under the same procedure, to submit the individual/joint tender and to be appointed as a subcontractor in another tender, failing which he shall be excluded from the individual tender or, where applicable, the tender in which he is an associated tenderer (with the exception of procedures carried out on lots). As soon as it knows the identity of the subcontractors, the contracting entity verifies their eligibility (either in the context of the evaluation of the tender or in the context of the performance of the contract). (2) Within the meaning of para.

For the purposes of paragraph 1, subcontractors shall declare, at the time of the conclusion of the public contract or its introduction into the public contract, the possibility of being paid directly by the contracting authority. The contracting authority shall make direct payments to approved subcontractors only if their performance is confirmed by documents agreed by the 3 parties, namely the contracting authority, the contractor and the subcontractor, or by the contracting authority and the subcontractor, if the contractor unjustifiably blocks confirmation of the performance of the obligations assumed by the subcontractor. Neither Party shall act as a subcontractor of the other Party in the operations referred to in this Annex. → by an undertaking as a member of an association (pool) as a subcontractor who, after signing the public contract, declares new subcontractors, provided that the works/services to be subcontracted have been provided for in the call for tenders, without first indicating the possibility of subcontracting them to subcontractors; During the performance of the contract, the contractor shall not have the right to replace the subcontractors designated in the tender without the consent of the contracting authority and their possible replacement shall not entail a modification of the initial technical or financial proposal. .