2022

Monica Amalia RAȚIU, Associate Professor, Ph.D., Faculty of Law, University of Bucharest; Simona GHERHINA, Professor, Ph.D., Faculty of Law, University of Bucharest, “The Limits of the Right to Subcontract in Public Procurement Contracts”

DOI:https://doi.org/10.31178/AUBD.2022.06

Abstract: Although the use of subcontractors in public procurement has been accepted and gradually expanded both in regulations and in practice, the details of its legal framework have yet to be fully defined, particularly with regard to the scope of subcontracting and the possibility of limiting it under European and national law. Under these circumstances, practice has given rise to at least three major questions regarding how to set limits on subcontracting: namely, the admissibility of full subcontracting, the conditions under which restrictions on subcontracting may be imposed, and the admissibility of imposing restrictions on the price of subcontracting. Based on relevant case law, this study analyzes the legal framework governing the limitations that may be imposed on the right to subcontract and their impact on the intuitu personae nature of public procurement contracts.

Keywords: public procurement contract, subcontracting, SME, subcontractors, third-party capabilities.