Named Subcontractor

A named subcontractor is a subcontractor who is identified by name, rather than by category or capability profile, in the tender documents or the awarded contract. Naming a subcontractor creates a specific accountability record and triggers additional obligations for both the main contractor and the contracting authority.

What is a named subcontractor?

Under Article 71 of Directive 2014/24/EU, contracting authorities may require tenderers to indicate in their tender which parts of the contract they intend to subcontract and to name the proposed subcontractors where they are already known. A named subcontractor may also be required to submit a subcontractor declaration confirming their eligibility.

Naming a subcontractor serves several purposes:

Qualification reliance. In some tenders, the main contractor relies on a specific subcontractor's technical capabilities or references to satisfy the contracting authority's selection criteria. For example, a prime that lacks specialist experience in a particular technology may name a subcontractor who has that experience. When a subcontractor's capabilities are relied on in this way, the authority is entitled to require that the subcontractor performs the relevant part of the contract and cannot simply be substituted for a different firm after award.

Transparency and oversight. Naming subcontractors gives the authority visibility of who is performing public contract work. This supports exclusion ground verification under Article 57 of Directive 2014/24/EU and anti-corruption measures.

Bid evaluation. Where the quality of specific subcontractors is evaluated as part of the award criteria (for example, the track record of a named specialist), naming a subcontractor of high calibre can strengthen a bid's technical quality score.

In the UK under the Procurement Act 2023, contracting authorities are required to publish information about significant subcontractors in contract transparency notices. Named subcontractors are typically those who will be disclosed in such notices.

The naming obligation may arise in two ways: the contracting authority requires it (a mandatory name), or the tenderer names a subcontractor voluntarily to strengthen the bid (a voluntary name). In both cases, once named and accepted, the subcontractor cannot be quietly replaced without triggering the subcontractor substitution rules.

Why it matters for bidders

For main contractors, naming a subcontractor is a commitment, not merely an indication. If you name a subcontractor whose qualifications you are relying on and then wish to replace them, the contracting authority will scrutinise the proposed substitute's qualifications carefully and may object. Choose named subcontractors carefully and confirm their availability and willingness to perform before naming them.

For subcontractors, being named in a winning bid provides a degree of protection: the prime cannot simply choose a cheaper alternative after the contract is won. However, this protection is procedural rather than absolute; if the prime has legitimate grounds to propose a substitute and the authority approves, the original named subcontractor can still be replaced.

Example

An Austrian IT company bids for a national health data platform contract. It lacks the required experience in healthcare-specific cybersecurity. It names a specialist cybersecurity firm in its bid and relies on that firm's ISO 27001 certifications and NHS and EU health authority references to satisfy the technical selection criteria. The named firm submits a subcontractor declaration. After contract award, if the prime attempts to substitute a different (cheaper) cybersecurity firm, the authority will require a qualification review because the original subcontractor's credentials were part of the bid evaluation.

Frequently Asked Questions

Can a contracting authority require that certain subcontractors are named?

Yes. For technically complex contracts, authorities sometimes specify that a tenderer must name any subcontractors who will perform defined critical elements. This is most common in defence, IT, and specialist construction contracts.

Does a named subcontractor have to agree to being named before the bid is submitted?

Good practice requires this, and a teaming agreement or letter of intent from the subcontractor is advisable. Naming a company without their knowledge or consent is commercially risky: they may refuse to perform or demand different terms on award, which places the prime in a difficult position.

Is a named subcontractor the same as a consortium member?

No. A consortium member bids jointly with the prime and may be jointly and severally liable to the authority. A named subcontractor has a private contractual relationship with the prime only. The distinction matters for liability, payment structure, and how each party's qualifications are assessed.