Common use of New Subcontractors Clause in Contracts

New Subcontractors. The Contractor and all of its Subcontractors which have been approved in advance by the Contracting Authority in accordance with this paragraph may only enter into an agreement with a new Subcontractor to perform a part of the Work subject to the Contracting Authority’s approval. This approval must be granted within 20 Business Days after the Contractor has complied with the following: (i) The Contractor must complete and furnish a new agreement duly signed by the Subcontractor and the Contractor as provided for in Article 17.3 (Agreements with Subcontractors); and (ii) if the value of the contract is above the threshold value referred to in Article 7 Paragraph (a) (tender threshold for services to the central government) of the general procurement directive (Directive 2004/18/EC): the Contractor must complete and furnish a BIBOB questionnaire (or an equivalent document based on a replacement regulation) which does not point to any Grounds for Exclusion with regard to the Subcontractor, unless the Contracting Authority demonstrates within this period that there are Grounds for Refusal in regard to the new Subcontractor. If the Contracting Authority grants its consent, no Grounds for Exclusion will be deemed to apply to the new Subcontractor.

New Subcontractors. The Contractor and all of its Subcontractors which have been approved in advance by the Contracting Authority in accordance with this paragraph may only enter into an agreement with a new Subcontractor to perform a part of the Work subject to the Contracting Authority’s approval. This approval must be granted within 20 Business Days after the Contractor has complied with the following: (i) The Contractor must complete and furnish a new agreement Agreement duly signed by the Subcontractor and the Contractor as provided for in Article 17.3 (Agreements with Subcontractors); and (ii) if the value of the contract is above the threshold value referred to in Article 7 Paragraph (a) (tender threshold for services to the central government) of the general procurement directive (Directive 2004/18/EC): the Contractor must complete and furnish a BIBOB questionnaire (or an equivalent document based on a replacement regulation) which does not point to any Grounds for Exclusion with regard to the Subcontractor, unless the Contracting Authority demonstrates within this period that there are Grounds for Refusal in regard to the new Subcontractor. If the Contracting Authority grants its consent, no Grounds for Exclusion will be deemed to apply to the new Subcontractor.