Definition
The contractor (ανάδοχος) is the economic operator to which the tender was awarded and which signed the public contract. In works the term "εργολήπτης" is also used, in studies "μελετητής", but Law 4412/2016 uses the single word ανάδοχος for supplies, services, works and studies.
Provisional and final contractor
During the procedure the bidder with the best offer is called the provisional contractor. That status confers no right to the contract: it exists only so that the bidder can produce the award evidence. It becomes the contractor on signing the contract, after the award decision and the expiry of the appeal deadlines. If it does not turn up to sign within the deadline set, it is declared in default and its participation guarantee is forfeited.
Obligations during performance
- Performance guarantee. Lodged before or at the signing of the contract and released after final acceptance.
- Delivery time. Delay attracts the penalties set in the tender documents and, in serious cases, a declaration of default.
- Acceptance. The authority's acceptance committee checks the deliverables and draws up a protocol. Without an acceptance protocol no payment order is issued.
- Clearance certificates. Tax and social security clearance certificates are required both at the award and at every payment.
Subcontracting
The contractor may assign part of the contract to subcontractors, provided it declared so in its bid or the tender documents allow it. It remains fully liable to the contracting authority for the whole contract. For subcontracting above a certain share of the value, the authority also checks the subcontractor for exclusion grounds.
Payment
Payment is made under the terms of the contract, after acceptance and issue of the invoice, which is now issued electronically and carries the ΑΔΑΜ of the contract. The payment order is posted in ΚΗΜΔΗΣ, which makes the real payment timetable of every authority public information.
The GOVADI platform follows every contract to the payment order. In each contracting authority's profile you see what was actually paid and when, before deciding whether to work with it.
Frequently asked questions
Can the contractor assign its claim to a bank?
Yes, assignment of receivables from a public contract is common financing practice, with notification to the contracting authority and observance of the formalities set by law and the contract.
What happens if the contractor is declared in default?
The performance guarantee is forfeited, the authority may award the remainder of the contract to the next in the ranking or through a new procedure, and the default may be a ground for exclusion from future tenders for a period.