Reg. 71 (PCR 2015)

Subcontracting

In: Manage > Manage and monitor

Overview

This regulation enables contracting authorities to ask suppliers to indicate in their tenders whether they intend to subcontract to third parties and any subcontractors.

Contracting authorities may also verify whether any of the regulation 57 (PCR 2015) grounds for exclusion apply to subcontractors. In such circumstances, contracting authorities must require suppliers to replace any subcontractor which meets one or more mandatory grounds for exclusion, and may require bidders to replace any subcontractor which meets one or more discretionary grounds for exclusion.

Contracting authorities are required, in the case of works contracts and certain services contracts, to require the supplier to provide the name, contact details and legal representatives of its subcontractors (in so far as known at the time). This notification must be made after the award of the contract and at the latest when the contract commences; the contracting authority must require the supplier to notify them of any changes to this information during the contract term.

Objective at this commercial stage

Contracting authorities should ensure that, in relation to relevant works and services contracts, the supplier is required to notify them of any changes to subcontractor information details during the contract term.

Key considerations at this commercial stage

Contracting authorities should:

  • in relation to relevant works and services contracts, ensure that the supplier is required to notify them of any changes to subcontractor information during the contract term
  • ensure appropriate monitoring procedures are in place so that suppliers can provide relevant subcontractor information promptly.

See also in the Procurement Act 2023:

  • Section 28: Excluding suppliers by reference to sub-contractors
  • Section 29: Excluding a supplier that is a threat to national security
  • Section 72: Sub-contracting: directions

Additional support and guidance

Make sure you:

  • read the regulation
  • seek legal and commercial advice in the context of specific procurements