Common use of New Subcontractors Clause in Contracts

New Subcontractors. (a) The Contractor and its Subcontractors, for whom the Contracting Authority has granted consent earlier according to this paragraph of this article, may only establish an agreement for the performance of part of the Work with a Subcontractor after receiving consent from the Contracting Authority. (b) The provisions of paragraph (a) are not applicable to the conclusion of an agreement for the performance of part of the Work with a new Subcontractor if: (i) the new Subcontractor does not possess any Intellectual Property rights that shall be employed in connection with the Work and will not carry out any activities that are expected to create Intellectual Property rights; and (ii) the value of the contract with the new Subcontractor is less WKDQ ¼ (c) The Contracting Authority must grant the consent mentioned in paragraph (a) within 20 Working Days after: (i) the Contractor has submitted a signed agreement as referred to in Article 17.2 (Subcontractor Agreements) concluded between the Contractor and a new Subcontractor who possesses Intellectual Property rights that shall be employed in connection with the Work or shall carry out activities that are expected to create Intellectual Property rights; and (ii) LI WKH YDOXH RI WKH &RQWUDFW H[FHHGV Contractor has provided a completed BIBOB questionnaire (or a comparable document stemming from regulations introduced in the place thereof) demonstrating that there are no Grounds for Exclusion with regard to the Subcontractor; unless the Contracting Authority demonstrates during this period that a Ground for Refusal applies to the new Subcontractor. If the Contracting Authority grants authorisation then no Grounds for Exclusion are considered to apply to the new Subcontractor.

New Subcontractors. (a) The Contractor and its Subcontractors, for whom the Contracting Authority has granted consent earlier according to this paragraph of this article, may only establish an agreement for the performance of part of the Work with a Subcontractor after receiving consent from the Contracting Authority. (b) The provisions of paragraph (a) are not applicable to the conclusion of an agreement for the performance of part of the Work with a new Subcontractor if: (i) the new Subcontractor does not possess any Intellectual Property rights that shall be employed in connection with the Work and will not carry out any activities that are expected to create Intellectual Property rights; and (ii) the value of the contract with the new Subcontractor is less WKDQ ¼than € 1,000,000. (c) The Contracting Authority must grant the consent mentioned in paragraph (a) within 20 Working Days after: (i) the Contractor has submitted a signed agreement as referred to in Article 17.2 (Subcontractor Agreements) concluded between the Contractor and a new Subcontractor who possesses Intellectual Property rights that shall be employed in connection with the Work or shall carry out activities that are expected to create Intellectual Property rights; and (ii) LI WKH YDOXH RI WKH &RQWUDFW H[FHHGV if the value of the Contract exceeds € 1,000,000, the Contractor has provided a completed BIBOB questionnaire (or a comparable document stemming from regulations introduced in the place thereof) demonstrating that there are no Grounds for Exclusion with regard to the Subcontractor; unless the Contracting Authority demonstrates during this period that a Ground for Refusal applies to the new Subcontractor. If the Contracting Authority grants authorisation then no Grounds for Exclusion are considered to apply to the new Subcontractor.