SubcontractingS
45.—(1) In the concession documents, the contracting entity may ask the tenderer to indicate in its tender any share of the concession contract that it may intend to subcontract to a third party and information about any proposed sub-contractor including their name and contact details.
(2) Paragraph (1) is without prejudice to the concessionaire’s liability under the main concession contract.
(3) This paragraph applies in the case of—
(a)a works concession contract; and
(b)a services concession contract including services to be provided at a facility under the oversight of the contracting entity.
(4) If paragraph (3) applies, the contracting entity must require the main contractor to notify it, at the latest when the performance of the concession contract commences of the name, contact details and legal representatives of its subcontractors, involved in such works or services, in so far as known at the time.
(5) The contracting entity must require the concessionaire to notify it of—
(a)any changes to the information notified under paragraph (4) during the course of the concession contract; and
(b)the name, contact details and legal representative of any new subcontractors which it subsequently involves in such works or services.
(6) Paragraphs (4) and (5) do not apply to suppliers.
(7) A contracting entity may require a contractor to provide information of the kind referred to paragraphs (4) and (5) in respect to any one or more of the following:—
(a)services concession contracts (other than those concerning services to be provided at the facilities under the oversight of the contracting entity) or suppliers involved in works concession contracts or services concession contracts;
(b)subcontractors of the concessionaire’s subcontractors or subcontractors further down the subcontracting chain.
(8) A contracting entity may verify whether there are grounds for exclusion of subcontractors under regulation 40 (exclusion grounds).
(9) In such cases, the contracting entity—
(a)must require that the economic operator replaces a subcontractor in respect of which the verification has shown that there are compulsory grounds for exclusion; and
(b)may require that the economic operator replaces a subcontractor in respect of which the verification has shown that there are non-compulsory grounds for exclusion.