Subcontracting in Public Procurement

Abstract

Subcontracting is a legal option that allows the contracting operator to assign part of the execution of the public contract to a third party, in accordance with the provisions of the Public Procurement Regulation 15-247, as well as Law 23-12 containing the Public Procurement Law, provided that prior written approval is obtained from the contracting authority. Algerian legislation requires that the main holder retain the largest share of the project, which strictly prohibits the total assignment of the contract to the subcontractor, while the main contracting operator remains solely and directly responsible before the contracting authority.

Through this research paper, we will attempt to answer a set of questions related to the subject of subcontracting in public procurement according to Algerian legislation.