SubcontractingS
85.—(1) In the procurement documents, the utility may ask the tenderer to indicate in its tender any share of the contract that the tenderer may intend to subcontract to third parties and information about any proposed subcontractors including their name and contact details.
(2) Paragraph (1) is without prejudice to the liability of the main contractor under the contract.
(3) Where paragraph (4) applies, the utility must require the main contractor to notify it at the latest when the performance of the contract commences, of the name, contact details and legal representatives of its subcontractors, involved in such works or services, in so far as known at the time.
(4) This paragraph applies in the case of—
(a)a works contract;
(b)a [F1service contract] which includes services to be provided at a facility under the direct oversight of the utility.
(5) The utility must require the main contractor to notify the utility of—
(a)any changes to the information referred to in paragraph (3) during the course of the contract; and
(b)the name, contact details and legal representatives of any new subcontractors which the contractor subsequently involves in such works or services.
(6) Paragraphs (3) and (5) do not apply to subcontractors who provide only supplies.
(7) Where necessary for the purposes of paragraph (9), the required information must be accompanied by [F2SPDs] in respect of the subcontractors.
(8) A utility may require a contractor to provide information of the kind referred to in paragraphs (3) and (5) in respect of any one or more of the following—
(a)supply contracts or [F3service contracts] (other than those concerning services to be provided at the facilities under the direct oversight of the utility);
(b)suppliers involved in works or [F4service contracts];
(c)subcontractors of the main contractor’s subcontractors or other contractors further down the subcontracting chain.
(9) A utility may, in accordance with regulation 78(4) (use of exclusion grounds and selection criteria provided for under the Public Contracts (Scotland) Regulations), verify whether there are grounds for exclusion of subcontractors pursuant to regulation 58 of the Public Contracts (Scotland) Regulations.
(10) The utility must require the economic operator to replace a subcontractor in respect of which the verification has shown that there are compulsory grounds for exclusion.
(11) The utility may require the economic operator to replace a subcontractor in respect of which the verification has shown that there are non-compulsory grounds for exclusion.
Textual Amendments
F1Words in reg. 85(4)(b) substituted (1.7.2019) by The Public Procurement etc. (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/173), regs. 1(2), 2(7)(a)
F2Word in reg. 85(7) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(48) (with sch. paras. 1-5)
F3Words in reg. 85(8)(a) substituted (1.7.2019) by The Public Procurement etc. (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/173), regs. 1(2), 2(7)(b)
F4Words in reg. 85(8)(b) substituted (1.7.2019) by The Public Procurement etc. (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/173), regs. 1(2), 2(7)(b)
Commencement Information