Practical consideration regarding Subcontractors in Public Procurement Contracts
Practical consideration regarding Subcontractors in Public Procurement Contracts

Summary/Abstract: A statistical study carried out in 2015 shows that 70% of contractors subcontract parts of the projects they have in execution, and another study from 2009 shows that in Germany subcontracting is found in 40% of construction contracts.In Romania, construction contracts signed by public authorities are governed by the public procurement legislation, which over the years had a dynamic evolution.A controversy, namely, the status and role of subcontractors in public procurement contracts gets another approach with the adoption of Law no. 98/2016 regarding public procurement.Harmonizing the Law no. 98/2016 regarding public procurement with the EU Directive 2014/24 creates a favorable framework which is clearly defined for subcontractors. The law regulates general conditions, but also special conditions regarding subcontractors, recognizing the practical importance of this institution by regulating a distinct section that brings in premiere a number of extremely important issues concerning, especially, the practical problems involved in public procurement subcontracting.In the field of constructions, the institution of subcontracting is very common, being used to increase the quality of construction works and to reduce execution costs by promoting competitiveness.

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