An assignment is a written agreement by which the Contractor transfers its contract or part thereof to a third party.
The Contractor shall not, without the prior written consent of the Public Body, assign the Contract or any part thereof, or any benefit or interest thereunder, except in the following cases:
(ddddd)A charge, in favor of the Contractor's bankers, of any monies due or to become due under the Contract; or
(eeeee)Assignment to the Contractor's insurers of the Contractor's right to obtain relief against any other person liable in cases where the insurers have discharged the Contractor's loss or liability.
For the purpose of GCC Clause 13.2 the approval of an assignment by the Public Body shall not relieve the Contractor of his obligations for the part of the Contract already performed or the part not assigned.
If the Contractor has assigned his Contract without authorization, the Public Body may, without giving formal notice thereof, apply as of right the sanctions for breach of Contract provided for in GCC Clauses 19 and 21.
Assignees must satisfy the eligibility criteria applicable for the award of the Contract and they can not be in any of the situations excluding them from participating in Contract.
Every assignment shall be subject to the provisions of this Contract and shall incorporate the terms and conditions of this Contract.
Subcontracting
A sub-contract shall be valid only if it is a written agreement by which the Contractor entrusts performance of a part of the Contract to a third party.
In the event the Contractor requires sub-contracting of the works to Sub-Contractors that are not included in the Contract, the Contractor shall obtain the prior written approval and clearance of Public Body for all Sub-Contractors. The work to be sub-contracted and the identity of the subcontractors shall be notified to the Public Body. The Public Body shall with due regard to the provisions of GCC Clause 10 within 15 days of receipt of the notification, notify the Contractor of its decision, stating reasons should he withhold such authorization.
The terms of any sub-contract shall be subject to and conform to the provisions of this Contract.
Sub-Contractors must satisfy the eligibility criteria applicable to the award of the contract and they can not be in any of the situations excluding them from participating in contract.
Subject to GCC Clause 66, the Public Body shall have no contractual relations with the Sub-Contractors.
The Contractor shall be responsible for the acts, defaults and negligence of his Sub-Contractors and their agents or employees, as if they were the acts, defaults or negligence of the Contractor, his agents or employees. The approval by the Public Body of the sub-contracting of any part of the contract or of the Sub-Contractor to perform any part of the works shall not relieve the Contractor of any of his obligations under the contract.
If a Sub-Contractor has undertaken any continuing obligation for a period exceeding that of the Defects Liability Period under the contract towards the Contractor in respect of the work executed or the goods, materials, plant or services supplied by the Sub-Contractor, the Contractor shall, at any time after the expiration of the Defects Liability Period, transfer immediately to the Public Body, at the Public Body's request and cost, the benefit of such obligation for the unexpired duration thereof.
If the Contractor enters into a subcontract without approval, the Public Body may apply, as of right without giving formal notice thereof, the sanctions for breach of contract provided for in GCC Clauses 19 and 21.
If a Sub-Contractor is found by the Public Body or the Engineer to be incompetent in discharging its duties, the Public Body or the Engineer may request the Contractor forthwith, either to provide a Sub-Contractor with qualifications and experience acceptable to the Public Body as a replacement, or to resume the implementation of the tasks itself.
