A:

The EC model contract indicates that “Contractors shall ensure that the work to be performed, as identified in Annex I, can be carried out by them. However, where it is necessary to subcontract certain elements of the work to be carried out, this should be clearly identified in Annex I. During the implementation of the project, contractors may subcontract other minor services, which do not represent core elements of the project work, which cannot be directly assumed by them and where this proves necessary for the performance of their work under the project”. Project management is always a core element of the project and may not be the subject of a subcontract (except for minor administrative aspects and audit certificates). Coordination tasks of the coordinator are also core tasks and cannot be subcontracted.

For tasks to be identified in Annex I of the EC contract it is the work to be performed by a subcontractor, not the subcontractor that has to be identified in Annex I except where the subcontractors have already been identified following the procedures described below.

If the tasks to be subcontracted meet the requirements (i.e. minor services that are not core elements but necessary to carry out the project work, which cannot be directly assumed by the contractor) then the tasks can be subcontracted. The monetary value of the services is normally not sufficient to determine whether these conditions are met. As a general rule, subcontracting does not occur between contractors.