Subcontractors (Art Sample Clauses
The Subcontractors clause establishes the rules and conditions under which a party to the contract may engage third parties to perform part of the contractual obligations. Typically, this clause outlines whether prior consent is required before hiring subcontractors, sets standards for the quality of work, and clarifies the main contractor's responsibility for the actions of any subcontracted parties. Its core function is to ensure that the use of subcontractors does not compromise the performance or integrity of the contract, while also clarifying liability and maintaining control over the quality and compliance of the work performed.
Subcontractors (Art. 12 to 15)
Subcontractors (Art. An amendment of this contract for public procurement is allowed under the conditions of Art. 116 of the Public Procurement Act. Art.
Subcontractors (Art. 12 to 15)
§1 Scope: The clause may be applied in case the contractor is unable to continue the performance of the contract due to termination of the contract (art. 61, 62 or 62/1, °2 GIR) or after taking an ex officio measure (art. 47 GIR).
§2 Nature of the amendment: In derogation of art. 47, §2, °3 GIR, the contracting authority may, in all the above cases, immediately award a new contract to the subcontractor(s) of the contractor already involved in the performance of the contract or to the second-ranked tenderer, for all or part of the contract still to be performed, and this without initiating a new award procedure. This agreement will take the form of an amendment to the original contract to be concluded between the contracting authority and the new contractor. §3 Conditions under which this revision clause may be used: Provided that they meet the selection criteria, and the exclusion criteria set out in this document, and if they can meet the initial conditions of the contract, the contracting authority may conclude a contract for account with the contractor's subcontractor(s) already involved in the performance of the contract. To this end, the contracting authority shall contact the subcontractor(s) or his (their) representative(s), asking whether he (they) can meet the original terms of the contract. If the subcontractor(s) cannot meet the original conditions, a contract for account may be concluded under amended conditions. Before concluding such an amended contract, the contracting authority shall check whether the new conditions are still more advantageous than those of the tenderer ranked second during the evaluation of bids under the original award procedure. If this is not the case, the contracting authority will close a contract for account as referred to in the second paragraph below. If the contracting authority is unable or unwilling to avail itself of the option mentioned in the preceding paragraph, a contract for account may be concluded with the tenderer who was ranked second during the evaluation of tenders under the original award procedure, provided that he meets the selection criteria, and the exclusion criteria set out in this document. To this end, the contracting authority contacts the second-ranked tenderer or his representative to ask whether he agrees to maintain his bid. If that bidder agrees without reservation, the Contracting authority proceeds to award and conclude the contract for account. If the tenderer in question ...