• a merger or takeover of a member of the group (universal succession), provided that  the new entity has access to procurement (see  section 2.2 ) and is not in an exclusion  situation, or  • exclusion or rejection of a member by the  Contracting Authority  where the member  has no access to procurement, is in an exclusion situation or does not meet a relevant  selection criterion. a) Use of workers posted to the contractor by another company owned by the same  group and established in a Member State (“intra - group posting” as defined by  Article 1, 3, (b) of Directive 96/71/EC concerning the posting of workers in the  framework of the provision of services).  b) Use of workers hired out to the contractor by a temporary employment undertaking  or placement agency established in a Member State (“hiring out of workers” as  defined by Article 1, 3, (c) of Directive 96/71/EC concerning the posting of workers  in the framework of the provision of services).  c) Use of workers temporarily transferred to the contractor from an undertaking  established outside the territory of a Member State and that belongs to the same  group (“intra - corporate transfer” as defined by Article 3, (b) of  Directive  2014/66/EU on the conditions of entry and residence of third-country nationals in  the framework of an intra-corporate transfer) .  d) Use of  staff without employment contract (“self -employed persons working for the  contractor ”) to perform substantially  the same tasks as the staff with employment  contract (“employees”), without the tasks of the self -employed persons being  particular well-defined parts of the contract.  e) Use of suppliers and/or transporters by the contractor, in order to perform the  contract at the place of performance, unless the economic activities of the suppliers  and/or the transporting services are within the subject of this call for tenders (see  section 1.4 ). f) Performance of part of the contract by members of an EEIG (European Economic  Interest Grouping), when the EEIG is itself a contractor or a group member.  The persons mentioned in points a), b), c) and d) above  will be considered as “personnel”  of the contractor as defined in the FWC.  All contractual tasks may be subcontracted unless the  “ Technical Specifications ” in Annex  1 expressly reserve the execution of certain critical tasks to the sole tenderer itself, or in  case of a joint tender, to a member of the group.  14 The following shall not be considered subcontracting: Subcontracting is the situation where the contractor enters into legal commitments with  other economic operators which will perform part of the contract on its behalf. The  contractor retains full liability towards the  Contracting Authority  for performance of the  contract as a whole. In either case the selection criteria must be still fulfilled by the group and the terms of the  originally submitted tender may not be altered substantially, i.e. all the tasks assigned to the  excluded/rejected entity must be taken over by the group, the change must not make the  tender non-compliant with the Tender Specifications, and the evaluation of award criteria of  the originally submitted tender may not be modified.  2.4.2. Subcontracting 