1.

Subcontractor's experience
Question
I would like your advice on the definition of a subcontractor, and of the following tender criteria: "subcontractors'
experience and resources shall not be taken into account in determining the bidder's compliance with qualifying
criteria". In other words, does this mean that if a bidder has worked as a subcontractor, he is not permitted to
add that experience as part of his qualification? I would like your clarification.

Answer
The FIDIC definition of a subcontractor is given at Sub-Clause 1.1.2.8 of the 1999 Contract for Construction as:
"Subcontractor" means any person named in the Contract as a subcontractor, or any person appointed as a
subcontractor, for a part of the Works; and the legal successors in title to each of these persons. Different clients
have different criteria when evaluating tenders. FIDIC would certainly expect that any client will want to ensure
that the tenderer has adequate experience as a main contractor and has not just worked as a subcontractor.
However, in FIDIC's opinion, this would normally be worded as "Experience as a subcontractor ....". FIDIC has
also known clients to be concerned that tenderers have relied on a proposed subcontractor's experience and
resources when preparing a tender and then the named subcontractor is withdrawn and another, less
experienced, company is proposed after the tender has been accepted. However, for an international tender,
some clients require that a certain percentage of the Works must be subcontracted to local companies. In this
case the experience and resources of the proposed subcontractors will be an important part of the tender. The
client's criteria when evaluating tenders depend on a number of different factors, including the past experience of
the particular client. In order to ascertain the exact intentions for evaluating your particular tender you would
need to raise the question with the client.