Subcontracting in tenders
Rules for involving subcontractors in public procurement: liability, documents, limits
By topic
When subcontracting is allowed
Subcontracting is allowed unless banned by tender docs; the share that may be delegated is set by contract. Some procurements have limits.
Liability
The contractor is liable to the customer for the whole scope — including subcontractor work. The subcontractor has no direct relationship with the customer.
Subcontractor documents
The customer may require the same qualification documents from the subcontractor; when using subcontractor resources to qualify — the subcontract agreement goes in the bid.
Payment
Subcontractor is paid by the contractor, not directly by the customer; subcontractor invoices are no basis for customer payment.
Typical limits
Common limits: subcontracting up to 30–50% of scope, ban on delegating key work (design, main contract), requirement to notify involvement.
Risks
Involving a subcontractor without required notice — grounds for termination. A paper-only subcontract for qualification — bid rejection.
Subcontracting rules are always set by the specific tender documentation — the general law allows it, docs may restrict. When using subcontractor resources to qualify, check current AMCU practice.