Informações relativas ao concurso
Estado
Data de envio
15/04/2020
Data de resposta
15/04/2020
Língua
Estado
Respondida
Informações relativas à questão
Assunto
Subcontracting
Questão
In the ToR, on page 15 the Contracting Authority states that “Tenderers are required to identify all subcontractors whose share of the contract is above 30% or whose capacity is necessary to fulfil the selection criteria.” On the same page, in the chapter 3.5., point 1 is noted that “Use of workers posted to the contractor by another company owned by the same group and established in a Member State ….” shall not be considered subcontracting. Could you please clarify the situation if we have a person and reference from our sister company (the same group and established in the Member State) to fulfil the technical and professional capacity criteria but the company will definitely share less than 30% of the contract can we identify the company as a subcontractor or according to the point 1 the company should be just considered as an entity that capacities we rely on? Thank you for your response.
Resposta
15/04/2020
In order to reply to your question, one should consider separately technical and professional capacity. Regarding professional capacity (B. Criteria related to the team delivering the services): as you said "the use of workers posted to the contractor by another company owned by the same group and established in a Member State is not to be considered subcontracting, unless disposed differently by the economic operators." (section 3.5) Regarding technical capacity (A. Criteria relating to tenderers): section 4.3.4. requires that criteria are satisfied by the tenderers (i.e. combined capacity of all members of the group and identified subcontractors). In this regard, tenderers are also required to identify all subcontractors whose capacity is necessary to fulfil the selection criteria. You can also refer to section 4.3 where it is indicated that the economic operator placing technical and professional resources at disposal may be requested to assume the role of subcontractor for the performance of the contract. Your sister company can therefore place at your disposal resources (in terms of staff) without being considered a subcontractor; but if it contributes to the tecnical capacity it shall be considered a subcontractor.