Subcontracting in Horizon Europe

Subcontracting means that certain project tasks (“(action) tasks”) defined in Annex 1 of the Grant Agreement (GA) are outsourced by project partners to external third parties (i.e. subcontractors) if these tasks are not or cannot be carried out by the beneficiaries themselves.

 

A subcontractor is contracted by a beneficiary to implement a specific (action) task, delivers the agreed service (e.g. works, services or goods), invoices the beneficiary, and is paid a market price.

Costs for subcontracting are not included in the calculation of the 25% flat rate for indirect costs.

 

Eligibility criteria

For subcontracting costs to be eligible, the following conditions must in particular be fulfilled:

  • The outsourced tasks are clearly described as “(action) tasks” in Annex 1 of the GA.
  • The corresponding costs are foreseen in the budget (Annex 2 of the GA, category B.).
  • The award of the subcontract complies with the principles of:
    • transparency,
    • equal treatment, and
    • best value for money (or lowest price, where appropriate).
  • No conflict of interest exists.

The inclusion of a subcontractor after the start of the project is possible:

  • either through an amendment to the GA, or
  • through a simplified approval procedure (in this case, the beneficiary bears the risk of ex-post approval by the European Commission).

 

Liabilities and obligations

Beneficiaries remain fully liable towards the European Commission, both:

  • technically (e.g. proper implementation of the action task), and
  • financially.

They must ensure that subcontractors comply with relevant obligations under the GA (e.g. audit rights of the European Commission).

 

Limitations

Subcontracting is not allowed in the following cases:

  • Subcontracting to other beneficiaries within the same project
  • Outsourcing of core project tasks (in particular tasks of the coordinator)

Subcontracting is only allowed in duly justified exceptional cases for:

  • Subcontracting to affiliated entities

 

Distinction from "Purchases"

Subcontracting (category B) Purchases (category C)
implementation of "(action) tasks" (Annex 1 of the GA) support for Beneficiaries in implementing the project
must be described in Annex 1 of the GA no need to be described in Annex 1 of the GA
not included in the 25% flat rate for indirect costs included in the 25% flat rate for indirect costs

 

Further Information

Contact

BAUMGARTNER Martin

Martin BAUMGARTNER

Nationale Kontaktstelle Horizon Europe Recht und Finanzen
+43 577 55-4008 E-Mail
MITISKA Tamara-Katharina

Tamara-Katharina MITISKA

Nationale Kontaktstelle Horizon Europe Recht und Finanzen
+43 577 55-4009 +43 664 8 83937-39 E-Mail

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