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FREQUENTLY ASKED QUESTIONS

3. SUB-CONTRACTING
Sub-contracting CPF/ Contract
QUESTION
1. My university is a partner in FP5 RTD project, before starting the project we have signed CPF
and then the Contract - Are the CPF forms A.8.2 and A8.3 obligatory for us? - i.e. shall we use the financial
resources according to these forms?

2. If is yes, then - are we obliged to contract only the subcontractors stated in A8.3-2/2?
or we can choose another ones?
ANSWER
1. If you have filled-in and signed the CPF (in particular forms A8/1&A8;/2), which were the basis for preparing the contract, and you have signed the contract, you are bound by what it was has been agreed to in the contract. The financial resources have to be used accordingly as referred to both in the technical annex to the contract and in the table of breakdown of estimated eligible costs.
2. In case of justified necessity, you may use subcontractors other than those mentioned in the CPF so long as the amounts concerned are below those requiring prior approval of the Commission. The written approval of the Commission is required, according to the Art 5 of the Annex II (General Conditions) of the model contract " Cost reimbursement for research and technological development projects":

a) where the cumulative amount of the subcontracts for the contractor exceeds:
- 20% of his estimated eligible costs, or
- EUR 100 000, whichever amount is the lowest.

b) where the subcontractor is established in a third country, unless the contractor concerned is established there.

If points a) and/or b) do not apply to your case, you may change the subcontractor and inform immediately the Commission.

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