A framework contract for construction work has been put in place by one local authority with the provision that it would be available for use by other nominated local authorities. The Employer for the Framework Contract is the original contracting authority. Is there a mechanism to allow one of the other local authorities to become the Employer for an individual Works Package ?
Apologies for the delay in replying - I wanted to read the Framework Contract before responding.
My reading of the Framework Contract is that this is allowable as there is nothing which says that the Package Order has to be between the Employer and Supplier.
However, under the terms of the Framework Contract, all the contractual communication - which is different from informal communications whether verbal or written - leading up to the point of signing between the Parties entering the specific contract has to come through the Employer named in the Framework Contract.
Having said all of this :
- if you are subject to EU Procurement rules (which as a local authority you would be) if the original PIN etc. did not say that the scope of the framework would include Work Packages being let by other local authorities, then potentially you are in breach of the regs.
- I would expect the ‘scope’ document to say that a Work Package could be let so as to be a contract between another Employer and Contractor.