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Subcontracting

Author

Listed:
  • Nelu Dorinel Popa

    (Faculty of Law, “Dimitrie Cantemir†University of Târgu Mureș, Romania)

  • Cezara Popa

    (Faculty of International Economic Relations, Faculty of Law, Bucharest University of Economic Studies, Romania)

Abstract

Subcontracting represents the facility granted by law to tenderers to fulfill part of the obligations that are assumed by the public procurement contract or a part of the project, through a third party called “subcontractor†, if the offer will be declared as winner by the contracting authority. In practice, on the one hand, it is noted the tendency of the contracting authorities to meet the subcontractors, which is justified by the desire of the contracting authorities to protect their own interests and which corresponds to a higher degree of transparency; subcontracting is to be recommended to the contracting authorities when the public procurement is carried out on their own establishment or on establishments which they have under surveillance. On the other hand, it is also noted the tendency of the tenderers and subcontractors to circumvent this transparency and to disguise subcontracting in the form of relative simulations of various types, precisely so as not to inform the contracting authorities and so that the tenderers obtain certain benefits. In this respect, some doctrinal opinions, some cases of jurisprudence and comparative law references are relevant. In the light of those mentioned above, we have expressed some proposals de lege ferenda.

Suggested Citation

  • Nelu Dorinel Popa & Cezara Popa, 2020. "Subcontracting," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 9(2), pages 189-194, December.
    • Handle: RePEc:sja:journl:v:9:y:2020:i:2:p:189-194
    as

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    File URL: http://www.adjuris.ro/revista/articole/an9nr2/9.Popa%20Nelu%20D%20lcr%201-SUBCONTRACTING.pdf
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    References listed on IDEAS

    as
    1. Nitya Nanda & Shiju M.V. & Gaurang Meher Diljun, 2016. "Public procurement in India," Chapters, in: Lahcen Achy & Susan Joekes (ed.), Competition Policies and Consumer Welfare, chapter 10, pages 221-253, Edward Elgar Publishing.
    Full references (including those not matched with items on IDEAS)

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    More about this item

    Keywords

    public procurement; subcontracting; subcontractor; public contract; administrative law.;
    All these keywords.

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law

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