EU solidarity with Ukraine

Call for tenders' details

Title:
Peer-Learning Scheme on Cultural Heritage for Cities and Regions
Contracting authority:
European Commission, DG Education,Youth, Sport and Culture (EAC)
TED publication date:
30/07/2019
Time limit for receipt of tenders:
23/09/2019
Status:
Closed
Status
12/09/2019
18/09/2019
English (en)
Question details
Question on subcontracting
Dear Madam/Sir, Please clarify to us whether a freelance expert put forward by the tenderer, solely for the purpose of this tending procedure, should be considered a subcontractor or member of the personnel of the tenderer. Thank you
18/09/2019
The question on the legal link you need to establish between the tenderer and the freelance expert; i.e. subcontractor or a member of the personnel of the tenderer, is the sole responsibility of the latter. Although the terms are often used interchangeably, freelancers and subcontractors are different from each other. Freelancer: a person who works with/for you as an assistant. They are under your supervision, doing what you would otherwise do, possibly using your equipment. They are there ‘to lighten your load’. Subcontractor: a person who works with you doing something outside your area of expertise. They are a specialist professional in their own right, with their own equipment, their own ideas and their own clients. They usually work unsupervised. While taking this decision you should therefore examine the level of responsibility, independence, supervision and/or indemnity you want to transfer to the freelance expert.