Part 4: Management of public contracts Sub-contracting Section 72: Sub-contracting: directions
Subsection (1) explains that this section will apply where the contracting authority requires sub-contracting, or where a supplier has indicated to the contracting authority that they intended to sub-contract and rely on that sub-contractor to pass the conditions of participation (see section 22(8)).
	Where one of the circumstances set out at subsection (1) applies, subsection (2) permits the contracting authority to require the supplier to enter into legally binding agreements with the proposed sub-contractor.
	Subsection (3) sets out that if the supplier does not enter into a legally binding arrangement with a sub-contractor as directed by the contracting authority, the contracting authority can (a) choose not to enter into the contract with the supplier, (b) require that the supplier enter into a sub-contracting arrangement with another appropriate supplier (where the supplier has relied on the sub-contracting arrangement in the tender), or (c) terminate the contract (if the contract has already been awarded).
	Subsection (4) explains the term "appropriate supplier" under subsection (3)(b) as being a supplier that is not excluded and having the same qualifying credentials to pass the conditions of participation as the original sub-contractor.
	Subsection (5) explains that where a contracting authority has directly awarded a contract, that contract may contain sub-contracting conditions.
	Subsection (6) sets out that if a supplier’s own credentials were sufficient to pass the conditions of participation, their nominated sub-contractor is not to have been deemed as being relied on to satisfy the conditions of participation.