What is a Subcontracted Service?
A subcontracted service (German: Nachunternehmerleistung) is a partial service within a public contract that the main contractor delegates to a subcontractor.
Legal Framework
- § 36 VgV: Subcontracts — core provision
- § 47 VgV: Reliance on third-party capabilities
- § 26 UVgO: Subcontracts below thresholds
Disclosure Obligations
| Information | Timing | Legal Basis |
|---|---|---|
| Type and scope | With the bid | § 36(1) VgV |
| Naming the subcontractor | On request | § 36(1) VgV |
| Commitment declaration | On request | § 36(1) VgV |
| Suitability evidence (reliance) | With the bid | § 47 VgV |
Subcontracting vs. Reliance on Capabilities
Simple subcontracting: subcontractor performs partial service; naming on request. Reliance (§ 47 VgV): bidder uses subcontractor's capacities to prove suitability; evidence mandatory with bid; joint liability possible.
Liability
The main contractor is liable for subcontracted services under § 278 BGB (vicarious agent liability), including defects and deadlines.
Patterno hilft
Patterno helps you find tenders where your services are needed — whether as main contractor or subcontractor.