S.L. 601.9 Art. 84Disclosure of level of sub-contracting.

(1) In the concession documents, the contracting authority or the contracting entity may ask the tenderer or the applicant to indicate in its tender any share of the concession it may intend to subcontract to third parties and any proposed subcontractors: Provided that a contracting authority or the contracting entity may impose the obligation to deliver the required information directly on the concessionaire.

(2) The provisions of regulation 83 and of sub-regulation (1) shall not affect the liability of the main concessionaire.

(3) In the case of works concessions and in respect of services to be provided at the facility under the oversight of the contracting authority or the contracting entity, after the award of the concession and at the latest when the performance of the concession commences, the contracting authority or the contracting entity shall require the concessionaire to indicate to the contracting authority or the contracting entity the name, contact details and legal representatives of its subcontractors, involved in such works or services, insofar as known at that point in time.

(4) The contracting authority or the contracting entity shall require the concessionaire to notify it of any changes to the information supplied under sub-regulation (3) during the course of the concession as well as of the required information for any new subcontractors which it subsequently involves in such works or services.

(5) The proviso to sub-regulation (1), and sub-regulations (3) and (4) shall not apply to suppliers.

(6) Contracting authorities and contracting entities may extend the obligations provided for in sub-regulations (3) and (4) amongst others to the following:

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

(b) subcontractors of the concessionaire’s subcontractors or further down the subcontracting chain.

Modifications of the Concession Contracts