The content of a procurement subcontract is shaped not only by the intent of the parties, but also by the Public Procurement Law, the Civil Code, the terms of reference for the procurement, and the actions taken by the contracting authority.
Contracts for construction works performed using subcontractors: Specific rules for settlement of fees
Conditioning payment to the general contractor on prior payment of the subcontractors’ fees and the ability for subcontractors to obtain direct payment from the contracting authority protect subcontractors against dishonest general contractors.
The contracting authority may require the contractor to identify its subcontractors in its offer. Then if the contractor wants to use a different subcontractor, it must assure that the conditions for participating in the proceeding are still met.
For the second time this year, the Constitutional Tribunal has considered a challenge to the court fees for appeals against rulings by the National Appeals Chamber in public procurement cases.
A certain capacity may be offered more than once in the same tender—just as a contractor may submit its own bid in a tender while also making its capacity available to another bidder in the same tender.
At the stage of announcing competitive dialogue, the contracting authority need not have a functional and operational programme ready, but this does not stand in the way of commencing the procedure and specifying the value of the procurement.