Can a joint venture parent company also apply themselves as a subcontractor within the same framework contract?
It depends :
- is the main contract with a ‘main contractor’ subsidiary of a parent company and the subcontract with another subsidiary company of the parent company ? (in which case the answer is a definite ‘Yes’) OR
- is whoever the contract is signed with (parent company or ‘main contractor’ subsidiary) also claiming that a part of the same legal entity - i.e. the same legal company - is a subcontractor ? (in which case the answer is a definite ‘No’) OR
the subcontractor is a subsidiary company of the company than signed the main contract ? (in which case the answer is very likely ‘Yes’ looking at the definition of a Subcontractor in clause 11.2 (17).
The ‘Yes’'es assume that there is a contract in place and that there are not any additonal clauses which say anything to the contrary.