S.L. 601.3 · Public Procurement Regulations (S.L. 601.3)
S.L. 601.3 ст. 60Sub-contracting.
(1) In the procurement documents, the authority responsible for the tendering process may ask the tenderer to indicate in its tender any share of the contract it may intend to sub-contract 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 sub-contractors.
(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 authority, after the award of the contract and at the latest when the performance of the contract commences, the contracting authority shall require the main contractor to indicate to the contracting authority the name, contact details and legal representatives of its sub-contractors, involved in such works or services, in so far as known at this point in time. The contracting authority shall require the main contractor to notify the contracting authority of any changes to this information during the course of the contract as well as of the required information for any new sub-contractors which it subsequently involves in such works or services: Provided that this sub-regulation shall not apply to suppliers.
(4) Where necessary for the purposes of regulation 191(2) and (3), the required information relating to sub-contractors shall be accompanied by the sub-contractors’ self-declarations as provided for in regulation 226.
(5) Contracting authorities 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 13(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.
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