Article 48 of the "Government Procurement Law" stipulates: With the consent of the purchaser, the supplier that wins the bid and concludes the transaction may use subcontracting to perform the contract in accordance with the law. If a government procurement contract is performed by subcontracting, the supplier that wins the bid and concludes the transaction shall be responsible to the purchaser for the procurement project and the subcontracted project, and the subcontracted supplier shall bear responsibility for the subcontracted project. Pay attention to the following requirements for subcontracting: 1. Subcontracting should be carried out publicly and with the consent of the purchaser. Suppliers who win the bid and complete the transaction are not allowed to subcontract privately. Usually, the public way of procurement is that the purchaser clearly stipulates in advance whether subcontracting can be done in the bidding and procurement documents. Or subcontracting with the consent of the purchaser during the performance of the contract. 2. Subcontracting in accordance with the law. Laws and regulations have clear provisions on subcontracting that must be observed. Purchasers may not illegally agree to subcontracting. For example, construction companies must not subcontract main projects and key projects, and contracts with the provision of knowledge services and intellectual services as the subject matter must not be subcontracted. 3. If the performance of the contract requires relevant legal qualifications for market access in accordance with the law, the subcontracting supplier must have the qualifications and corresponding qualifications stipulated in laws and regulations, and subcontracting to suppliers who have not obtained legal qualifications is prohibited. 4. The successful bidder shall bear full responsibility for the performance of the entire contract (including the subcontracted part), and the subcontracted supplier shall only bear responsibility for the subcontracted part. When the subcontracted supplier cannot perform the contract, the successful bidder shall perform the contract himself.
Legal Basis
"Government Procurement Law of the People's Republic of China"
Article 48 With the consent of the purchaser, the winning bidder and supplier The contract can be performed by subcontracting in accordance with the law.
If a government procurement contract is performed by subcontracting, the supplier that wins the bid and concludes the transaction shall be responsible to the purchaser for the procurement project and the subcontracted project, and the subcontracted supplier shall bear responsibility for the subcontracted project.