(1) There shall be co-contracting when the services covered by a contract
are carried out by separate companies within the framework of associated
undertakings. In event of co-contracting, the tender document shall specify the terms
thereof.
(2) The special conditions of contract shall specify whether the companies involved in
associated undertakings are jointly or severally liable.
(3) Companies in associated undertakings shall be jointly liable where each of them
is committed to the whole contract and must make up for any failure by its partners.
One of them shall thus be designated in the special conditions of contract as the
agent and shall represent all the companies vis-à-vis the Contracting Authority. The
contracting partners shall share the sums paid into a single account by the public
corporation.
(4) Companies in associated undertakings shall be severally liable were the services
are divided into parts, each of which is assigned to one of the companies, and each
of them is committed to the share(s) assigned to them in the associated undertaking
agreement. One of them shall be designated in the special conditions of contract as
the agent, and the latter shall be jointly liable with each of the other companies in the
contractual obligations towards the Contracting Authority.
(5) The agent shall represent all the companies of the joint venture vis-à-vis the
Contracting Authority, for the purposes of execution of the contract. Each company
shall be paid by the public corporation into its own account.
VI. Guarantees
Official text
Spot-checked
In force from 12 June 2018
Source page 26