Subcontractor Declaration

A subcontractor declaration gives a contracting authority the information it needs to verify that firms performing work under a public contract are eligible to do so. It is a procurement document, not a private commercial agreement, and its requirements are defined by the authority in the tender documentation.

What is a subcontractor declaration?

Under Article 71(2) 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 that information is required, the authority may also ask each named subcontractor to submit the information ordinarily required for an economic operator under the European Single Procurement Document (ESPD), covering exclusion grounds and, where relevant, selection criteria.

In practice, a subcontractor declaration typically contains:

• The name and registered address of the proposed subcontractor.
• A description of the portion of the contract to be performed.
• The estimated value or percentage of the contract to be subcontracted.
• A confirmation that the subcontractor does not fall under any mandatory exclusion ground (such as convictions for fraud, corruption, or money laundering under Article 57 of the Directive).
• Where required, evidence that the subcontractor meets any technical or financial selection criteria relevant to their portion of work.

Some authorities use a standardised self-declaration form; others incorporate the subcontractor information into the main ESPD or a separate annex to the tender form.

UK position. Under the Procurement Act 2023, contracting authorities must publish a contract details notice that includes information about subcontracting arrangements. The Act also enables authorities to request declarations at both pre-award and post-award stages.

Why it matters for bidders

If a contracting authority requires subcontractor declarations at the tender stage, you must collect the necessary information from each intended subcontractor before the submission deadline. Submitting a tender without the required declarations, or with declarations that are incomplete, can lead to disqualification or post-award complications. Where named subcontractors are specified in the declaration, substituting them after award triggers a separate notification and approval process under the subcontractor substitution rules.

For supply chain management purposes, maintaining a standing library of completed subcontractor declarations from your regular partners reduces the administrative burden on repeat bids.

Example

A Spanish IT services company is bidding for a government digital transformation contract. The tender documents require a subcontractor declaration for any firm performing more than 10% of the contract value. The company intends to use a data centre operator and a cybersecurity specialist. It must collect completed self-declarations from both firms confirming their eligibility and submit those declarations as part of the tender package.

Frequently Asked Questions

Can a subcontractor declaration be submitted after award?

Yes, in some circumstances. If subcontractors were not yet identified at tender stage, Directive 2014/24/EU permits the contracting authority to require the contractor to notify subcontractors before they begin work and to provide the declaration at that point. However, any subcontractor that is then found to be subject to a mandatory exclusion ground must be replaced.

Does completing a subcontractor declaration make the subcontractor a party to the public contract?

No. The declaration satisfies the authority's eligibility verification obligations. The legal contract remains between the authority and the main contractor. The subcontractor's relationship is governed by the private subcontract, not the public procurement contract.

What happens if a subcontractor refuses to complete a declaration?

A refusal is a commercial problem between you and your proposed subcontractor. If the authority requires the declaration and the subcontractor will not provide it, you must either persuade the subcontractor to comply or identify a replacement before submission.