S.L. 601.5 Art. 83Subcontracting.

(1)In the procurement documents, the contracting entity may ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors.

(2) The tenderer as the main contractor is liable for all acts or omissions carried out by his subcontractors.

(3) In the case of works contracts and in respect of services to be provided at a facility under the direct oversight of the contracting entity, after the award of the contract and at the latest when the performance of the contract commences, the contracting entity shall require the main contractor to indicate to the contracting entity the name, contact details and legal representatives of its subcontractors, involved in such works or services, in so far as known at this point in time. The contracting entity shall require the main contractor to notify the contracting entity of any changes to this information during the course of the contract as well as of the required information for any new subcontractors which it subsequently involves in such works or services:

Provided that this sub regulation does not apply to suppliers.

(4) Where necessary the required information shall be accompanied by the subcontractors’ self-declarations as referred to in regulation 71(4).

(5) Contracting entities may extend the obligations provided for in sub-regulation (3) to:

(a) supply contracts, services contracts (other than those concerning services to be provided at the facilities under the direct oversight of the contracting authority) or suppliers involved in works or services contracts;

(b) sub-contractors of the main contractor’s sub-contractors or further down the subcontracting chain.

(6) Sub-contractors are to observe the obligations established under regulation 34(m) during the execution of the contracts.

(7) The contracting authority shall have the right to suspend payments and, or even opt to dissolve the contract if the main contractor fails to abide by his obligations under this regulation.

The Chosen Bid