NEC ECC: Under Option C are agency staff considered as Subcontractor or People Cost, when considering the application of the working area overhead?

[Andrew_W-I]

The updated website seems to have changed the link, see the following instead;

NEC ECC: Freelance project manager - Subcontract Fee or Direct Fee percentage?

We are working on an Option E Contract. The Employer has asked to change the fee percentage claimed for PM and his team as they are self employed. They say that they are a Subcontractor and should have subcontract fee percentage applied and not direct fee. Under 11.2 (17) they provide a service but in the SOCC they come under 14 as not directly employed but working for the Contractor. I deem Subcontractors providing a service to be a designer for example.