Any public contract may give rise to sub-contracts or subsidiary orders under the conditions laid down in the code and in the general administrative clauses, subject to prior authorization by the Project Owner or the Delegated Project Owner.
Notwithstanding recourse to sub-contracting or subsidiary orders, the main company shall be responsible for all the obligations of the said contract.
In case of compulsory recourse to sub-contracting, the bid documents shall, from the outset, indicate the nature of the services to be sub-contracted.
The proportion of services that may be sub-contracted under a public contract shall be determined by the general administrative clauses.
Service provision shall be sub-contracted primarily to local small- and mediumsized enterprises (SMEs) in which nationals hold at least 51 (fifty-one) percent of the capital or, failing that, to SMEs and large enterprises in which nationals hold at least 33 (thirty-three) percent of the capital.
A separate instrument of the Authority in charge of public contracts shall establish, by area of activity, the list of services whose supply may be sub-contracted.
Any bidder who intends to execute a public contract using one or more sub-contractors must, at the time of bidding, specify in his bid the nature and the amount of each of the services the delivery of which he intends to sub-contract.
Where the amount of services whose delivery is to be sub-contracted is more than or equal to 10 (ten) percent of the total contract amount, the bidder shall be bound to attach to his bid documents that enable the assessment of the sub-contractor’s technical and financial capacity.
To obtain the authorization or approval of a sub-contractor, the main contractor shall submit or send to the Contracts Manager by registered mail, a file comprising notably:
(a) The nature of services the delivery of which is to be sub-contracted;
(b) The name, corporate or business name and address of the proposed subcontractor;
(c) The references of the sub-contractor in the given area;
(d) The draft sub-contract.
The sub-contract must comply with the commitments of the main contractor.
Where the sub-contractor must be paid directly, the main contractor shall be bound, during request for authorization, to establish that the transfer or securitization of contract claims shall not impede the direct payment of the sub-contractor.
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