Subcontractor List in Public Procurement Law 2026

Definition: The subcontractor list is a list of the companies that the bidder intends to use as subcontractors for the performance of essential parts of the contract, including their respective shares of services, to be submitted in the award procedure.

Last updated: January 2026 · Legal basis: § 36 VgV, § 6d EU VOB/A, § 83 BVergG 2018

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What is a subcontractor list?

The subcontractor list creates transparency about the actual performance structure of a bid and enables the contracting authority to check whether the subcontractors envisaged for the performance possess the required suitability. Public contracting authorities can and should require bidders to name, in the bid or upon request, which parts of the contract they intend to award to subcontractors.

Legal basis

The obligation to name subcontractors arises from § 36 VgV (above EU thresholds, supplies and services), § 6d EU VOB/A (construction services above EU thresholds) as well as from corresponding provisions in the below-threshold law. In Austria, § 83 BVergG 2018 regulates the conditions for the use of subcontractors and the associated verification obligations.

Contracting authorities may stipulate in the procurement documents:

• Whether and to what extent the use of subcontractors is permitted
• Whether certain core services must be performed by the bidder itself (self-declaration)
• Which evidence of the suitability of subcontractors must be provided

Content of the subcontractor list

A complete subcontractor list typically contains the name and address of each envisaged subcontractor, the envisaged share of services (in per cent or as a description) and information on the suitability of the subcontractor.

Depending on the requirement of the contracting authority, the following must be attached:

• Commitment declaration of the subcontractor
• Suitability evidence of the subcontractor (references, certificates)
• Declaration on the absence of grounds for exclusion under § 123/124 GWB

Change of subcontractors after award

After award of the contract, subcontractors may only be exchanged with the consent of the contracting authority; the contracting authority must check whether the new subcontractor meets the suitability requirements. An unauthorised exchange of subcontractors may constitute a breach of contract.

FAQ

Must all subcontractors be named? As a rule, at least the subcontractors envisaged for essential parts of the services must be named. The exact requirements arise from the procurement documents.

Can a contracting authority completely exclude the use of subcontractors? A complete exclusion is only permissible in exceptional cases where objective reasons (e.g. special confidentiality requirements) justify it. Otherwise, a general prohibition would contradict the principle of proportionality.

What happens if a bidder does not name a subcontractor although obliged to do so? The bid may be excluded for formal incompleteness, provided that the naming was specified as a mandatory requirement in the procurement documents.

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Last updated: January 2026 All information without guarantee. For legally binding information, please consult a law firm specialising in procurement law.