Form

Homes England Technical and Professional Frameworks Access Agreement (HTML)

Updated 29 April 2026

Applies to England

This ACCESS AGREEMENT is made on [date] (To be completed)

BETWEEN:

(1) Homes and Communities Agency (trading as Homes England) (‘Homes England) of 2nd floor, The Lumen, St James Boulevard, Newcastle Helix, Newcastle upon Tyne, NE4 5BZ ; and 

(2) [Public Sector Body] (To be completed) of [Address of Public Sector Body] (To be completed) (the “Public Sector Body”);

Background

(a) Homes England has established a number of framework panels for technical services.

(b) Homes England requires that any Public Sector Bodies who wish to procure Services through the Frameworks (once procured) enter into this Agreement with Homes England to regulate the use and operation of the Frameworks.

(c) Under this Agreement, the Public Sector Body may enter into Call-Off Contracts for Services in accordance with the provisions of this Agreement and the relevant Framework Agreements.

IT IS AGREED as follows: 

1. Interpretation   

1.1 The following terms and expressions shall have the meanings ascribed to them:

Term	Meaning
‘Agreement’	Means this access agreement.
‘Call-Off Contract’	Means an instruction by one of the Public Sector Bodies to a Framework Member pursuant to a Framework Agreement for the provision of Services.
‘Confidential Information’	Means all commercial or strategic planning, intentions, modus operandi, finances, proposals, projects, plans and specifications, confidential designs, drawings, data, specifications, manufacturing processes, testing procedures and all other technical business and similar information relating to the Public Sector Bodies, Homes England’s or a Framework Member’s business and affairs (including Panel Information), its customers, employees and suppliers or otherwise relating to this Agreement, a Framework Agreement, Call Off Contract or Services including all readable data, logic, logic designs, flowcharts, source or object codes, listings, test data, test routines, diagnostic programs, software programs or other material.
‘Direct Losses’	Means all damage, losses, liabilities, claims, actions, costs, expenses (including the cost of legal or professional services), proceedings, demands and charges whether arising under statute, contract or at common law but, to avoid doubt, excluding Indirect Losses save where such Indirect Losses form part of the liability, action, proceedings and, or, demand asserted against a person.
‘EIR’	Means the Environmental Information Regulations 2004, and any subordinate legislation made under that Act from time to time together with and Guidance and, or, codes of practice issued by the Information Commissioner in relation to such legislation.
‘EIR Exception’	Means any applicable exemption to EIR.
‘Exempted Information’	Means any information that is designated as falling or potentially falling within the FOIA Exemptions or the EIR Exceptions.
‘FOIA’	Means the Freedom of Information Act 2000, and any subordinate legislation made under that Act from time to time together with any guidance and, or codes of practice issued by the Information Commissioner in relation to such legislation.
‘FOIA Authority’	Means a public authority as defined by FOIA and, or, EIR.
‘Frameworks’	Means the technical and professional frameworks which have been procured by Homes England and which are live and have been made available for use by other public sector bodies.
‘Framework Agreement’	Means the agreement entered into between Homes England and each of the Framework Members in relation to a Framework.
‘Framework Members’	Means the consultants appointed to a Framework and each of them.
‘Indirect Losses’	Means loss of profits, loss of use, loss of production, loss of business or loss of business opportunity or any indirect loss of any nature.
‘Information’	Means in relation to:  (i) FOIA, the meaning given under section 84 of the FOIA and which is held by Homes England or a FOIA Authority at the time of receipt of an RFI; or  (ii) EIR, has the meaning given under the definition of “environmental information” in section 2 of EIR and which is held by Homes England or a FOIA Authority at the time of receipt of an RFI.
‘Intellectual Property Rights’	Shall include without limitation all rights to, and any interests in, any patents, designs, trademarks, copyright, know-how, trade secrets and any other proprietary rights or forms of intellectual property (protectable by registration or not) in respect of any technology, concept, idea, data, program or other software (including source and object codes), specification, plan, drawing, schedule, minutes, correspondence, scheme, formula, programme, design, system, process logo, mark, style, or other matter or thing, existing or conceived, used, developed or produced by any person.
‘Losses’	Means any Direct Loss and, or, Indirect Loss suffered or incurred that arise out of or in connection with any or all of the following:  (a) any delay in the procurement of a Framework;  (b) any finding that a Framework or any Call-Off Contract has not been procured in compliance with the Regulations;  (c) any declaration that the award of a Framework or any Call-Off Contract is ineffective; and  (d) any claim brought by a Framework Member against a person under a Framework Agreement or any Call‐off Contract;  (e) any failure, act or omission in relation to the procurement of a Framework or any Call‐off Contract; (f) any misrepresentation misstatement, negligent or other tortious act or omission arising in connection with the procurement of a Framework.
‘Panel Information’	Means any information provided by Homes England to Public Sector Bodies in connection with this Agreement, including the list of Framework Members, Framework Member contact details, and copies of the relevant Framework Agreements.
‘Project Tendering Procedure	Means the competition process through which the Public Sector Bodies select a Framework Member from a Framework in accordance with the call-off procedure in a Framework Agreement.
‘Public Sector Bodies’	Means the public sector bodies listed in the Annex to this Agreement.
‘Public Sector Body’	Means the entity named at the start of this Agreement which is a contracting authority as defined in the Regulations and one of the Public Sector Bodies.
‘Regulations’	Means the relevant procurement regulations and, or, legislation which are applicable to the specific Framework. Read the guidance handbook for the contract notice information.
‘Request for Information’, or  ’RFI’	Shall have the meaning set out in FOI or any request for information under EIR which may relate to this Agreement, a Call Off Contract or Services or any activities or business of Homes England or FOIA Authority.
‘Services’	Means the services defined as such in a Framework Agreement.

1.2 In this Agreement, unless the context otherwise requires, words importing a gender include every gender, references to the singular include the plural and vice versa and words denoting persons include individuals and bodies corporate, governments, governmental bodies, authorities, agencies, partnerships, unincorporated associations and other bodies and vice versa.

2. Consideration

In consideration of the warranties, acknowledgement and covenants on the part of the Public Sector Body contained in this Agreement, Homes England grants the Public Sector Body access to use the Frameworks (or any of them) following appointment of Framework Members to them, in accordance with the provisions of this Agreement.

3. Approval to use the Framework Agreements

The Public Sector Body shall not do anything to prejudice Homes England’s procurement and use of the Frameworks or the integrity of the Project Tendering Procedure.

4. Warranties, acknowledgements and covenants by the Public Sector Body

4.1 The Public Sector Body warrants to Homes England that it is a body listed in the list of Public Sector Bodies set out in the Annex to this Agreement.

4.2 The Public Sector Body acknowledges that Homes England:

4.2.1 gives no warranty, undertaking or guarantee in respect of the ability of the Public Sector Body to use the Frameworks or in respect of any Project Tendering Procedure for awarding Call Off Contracts;

4.2.2 gives no warranty, undertaking, or guarantee in relation to the performance of Framework Members;

4.2.3 gives no warranty, undertaking, or guarantee in respect of the Panel Information, or in relation to the suitability, validity, compliance with laws or regulations or otherwise of the Frameworks or Framework Agreements; and

4.2.4 reserves the right to determine or change any panel appointments within the limits allowed by the individual panel appointments under the terms of Framework Agreements, and to suspend the use of one or more of the Frameworks by the Public Sector Body on written notice having immediate effect.

4.3 The Public Sector Body acknowledges that all of the individual Framework Agreements for a Framework collectively constitute one multi-supplier framework agreement under the Regulations and that it may only make direct awards under the Framework Agreements where permitted to do so by the Project Tendering Procedure.

4.4 The Public Sector Body covenants with the Agency:

4.4.1 that the Public Sector Body shall be the principal contracting authority under any Call-Off Contract

4.4.2 to comply with and be bound by the terms of the Framework  Agreements and any guidance or instructions issued by Homes England (from time to time) in the use and operation of the Framework Agreements;

4.4.3 to use the evaluation criteria set out in the Framework Agreements for Project Tendering Procedures;

4.4.4 In relation to all Call Off Contracts, the Public Sector Body shall have regard to, and where applicable, comply with all Government Commercial Agency Procurement Policy Notes.

5. Confidentiality

5.1 Each party recognises that under this Agreement it may receive Confidential Information belonging to the other and to Framework Members.

5.2 Each party agrees to treat all Confidential Information belonging to the other or to Framework Members as confidential and not to disclose such Confidential Information or any other confidential information relating to Homes England, the Public Sector Body, the Framework Agreement, a Call Off Contract or Services to any third party without the prior written consent of the other Party (or the relevant Framework Member if applicable) and agrees not to use such Confidential Information for any purpose other than that for which it is supplied under this Agreement or a Project Tendering Procedure.

5.3 The obligations of confidence referred to in Clause 5.2 shall not apply to any Confidential Information which:

5.3.1 is in, or which comes into, the public domain otherwise than by reason of a breach of this Agreement or of any other duty of confidentiality relating to that information; or

5.3.2 is obtained from a third party without that third party being under an obligation (express or implied) to keep the information confidential; or

5.3.3 is lawfully in the possession of the other Party before the date of this Agreement and in respect of which that Party is not under an existing obligation of confidentiality;

5.3.4 is independently developed without access to the Confidential Information of the other Party.

5.4 Each party will be permitted to disclose Confidential Information to the extent that they are required to do so:

5.4.1 to enable the disclosing party to perform its obligations under this Agreement; or

5.4.2 by any applicable law or by a court, arbitral or administrative tribunal in the course of proceedings before it including without limitation any requirement for disclosure under FOIA, EIR or the Code of Practice on Access to Government Information; or

5.4.3. by any regulatory body (including any investment exchange) acting in the course of proceedings before it or acting in the course of its duties; or

5.4.4 in order to give proper instructions to any professional adviser of that Party who also has an obligation to keep any such Confidential Information confidential.

5.5 The Public Sector Body shall ensure that all Confidential Information obtained from Homes England or a Framework Member under or in connection with this Agreement:

5.5.1 is given only to such of its employees or professional advisors engage to advise it in connection with this Agreement or a Project Tendering Procedure as is strictly necessary for the performance of this Agreement and only to the extent necessary for the performance of this Agreement or the Project Tendering Procedure:

5.5.2. is treated as confidential and not disclosed (without Homes England’s prior written approval) or used by any such staff or professional advisors otherwise than for the purposes of this Agreement;

5.5.3 where it is considered necessary in the opinion of Homes England, the Public Sector Body shall ensure that such staff or professional advisors sign a confidentiality undertaking before commencing work in connection with a Call Off Contract.

5.6 Nothing in this Clause 5 shall prevent Homes England:

5.6.1 disclosing any Confidential Information for the purpose of:

(a) the examination and certification of the Homes England’s accounts; or 

(b) any examination pursuant to Section 6(1) of the National Audit Act 1983 of the economy, efficiency and effectiveness with which Homes England has used its resources; or

5.6.2 disclosing any Confidential Information:

(a) to any other department, office or agency of the Crown;

(b) to Parliament and Parliamentary Committees or if required by any Parliamentary reporting requirement;

(c) on a confidential basis to a proposed successor body in connection with any assignment, novation or disposal of any rights, obligations or any liabilities under this Agreement; or

(d) to any person engaged in providing any services to Homes England for any purpose relating to or ancillary to this Agreement or any person conducting an Office of Government Commerce gateway review;

5.6.3 provided that in disclosing information under Clause 5.6.1 or 5.6.2 Homes England discloses only the information which is necessary for the purpose concerned and requires that the information is treated in confidence and that a confidentiality undertaking is given where appropriate.

5.7 Nothing in this Clause 5 shall prevent either Party from using any techniques, ideas or know-how gained during the performance of the Agreement in the course of its normal business, to the extent that this does not result in a disclosure of Confidential Information or an infringement of Intellectual Property Rights.

5.8 The obligations in this Clause 5 will survive the expiry or termination of this Agreement for a period of 10 years or, in respect of any particular item of Confidential Information, until such earlier time as that item of Confidential Information reaches the public domain otherwise than by reason of a breach of this Agreement or of any other duty of confidentiality relating to that information.

6. Freedom Of Information

6.1 The Parties to this Agreement are FOIA Authorities and are subject to legal duties which may require the release of information under FOIA and, or, EIR and that the FOIA Authorities may be under an obligation to provide Information subject to a Request for Information.

6.2 The FOIA Authority in receipt of or to receive the RFI (“Relevant FOIA Authority”) shall be responsible for determining in its absolute discretion whether:

6.2.1 any Information is Exempted Information or remains Exempted Information; and, or,

6.2.2 any Information is to be disclosed in response to a Request for Information;

6.2.3 and in no event shall any party, other than the Relevant FOIA Authority, respond directly to a RFI except to confirm receipt of the RFI and that the RFI has been passed to the Relevant FOIA Authority.

6.3 Subject to clause 6.4 below, all Parties acknowledge that the Relevant FOIA Authority may disclose Information: 

6.3.1 without consulting the other; or

6.3.2 following consultation with the other party and having taken (or not taken, as the case may be) its views into account.

6.4 Without in any way limiting 6.2 and 6.3, in the event that the Relevant FOIA Authority receives a RFI, the Relevant FOIA Authority will, where appropriate, as soon as reasonably practicable notify the other Party.

6.5 The Parties will assist and co-operate with one another as requested by the Relevant FOIA Authority to enable the Relevant FOIA Authority to comply with its obligations to disclose Information under FOIA and EIR within the prescribed periods for compliance and in particular without limitation will (and shall procure that its agents and sub-contractors will), at their own cost: 

6.5.1 transfer any RFI received to the Relevant FOIA Authority as soon as practicable after receipt and in any event within two Working Days of receiving a request for information;

6.5.2 provide all such assistance as may be required from time to time by the Relevant FOIA Authority to enable the Relevant FOIA Authority to comply with its obligations to disclose Information;

6.6 Nothing in this Agreement will prevent the Relevant FOIA Authority from complying with any valid order, decision, enforcement or practice recommendation notice issued to it by the Information Commissioner under FOIA and, or, EIR in relation to any Exempted Information.

7. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in all respects in accordance with the laws of England and Wales and the English courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this memorandum of understanding.

8. Costs and Expenses

Each party shall be responsible for paying its own costs and expenses incurred in connection with the preparation and execution of this Agreement.

9. No partnership or agency

9.1 Nothing in this Agreement shall be construed as creating a partnership.

9.2 No party shall be deemed to be an agent of any other party and no party shall hold itself out as having authority or power to bind any other party in any way.

10. Termination

10.1 This Agreement shall take full force and effect on the date of signature by both parties of this Agreement and shall continue in respect of each Framework until the expiry or earlier termination of the Framework Agreement relating to it, or until the earlier termination of this Agreement under clause 10.2 of this Agreement.

10.2This Agreement may be terminated by either party with immediate effect upon serving written notice on the other party.

10.3 Any Project Tendering procedure and, or, Call Off Contract made with a Framework Member after termination of this Agreement or the relevant Framework, will not be made pursuant to the terms of a Framework and it will be the responsibility of the Public Sector Body and the Framework Member to agree the terms of contract between them and to comply with any applicable procurement laws or regulations.

11. Liabilities

11.1 The Public Sector Body agrees and acknowledges that:

11.1.1 Homes England shall have no liability to the Public Sector Body in respect of any Losses, provided that nothing in this Agreement is intended to limit or exclude the liability of Homes England:

(a) for death or personal injury resulting from its negligence;

(b) for any damage or liability incurred as a result of fraud or fraudulent misrepresentation by Homes England.  

11.1.2 In the event that Homes England incurs any Losses arising pursuant to the Public Sector Body’s use of a Framework, the Public Sector Body shall forthwith reimburse Homes England all such Losses that would not otherwise have arisen but for Public Sector Body’s use of a Framework.

Full name of signatory (To be completed): [Name]  

Role of signatory (To be completed): [Job Title]  

Enters into a binding legal contract (To be completed): Yes or No  

Accepts terms and conditions (To be completed): Yes or No  

Is duly authorised (To be completed): Yes or No   

Has read and understood the privacy policy (To be completed): Yes or No  

Consents to the privacy policy (To be completed): Yes or No

Annex 1 — List of Public Sector Bodies

1.

Any of the following, and any of their successors: 

(a) Ministerial government departments

(b) Non ministerial government departments

(c) Executive agencies of government and other subsidiary bodies

(d) Non-Departmental Public Bodies (NDPBs), including advisory NDPBs, executive NDPBs, and tribunal NDPBs

(e) All non-Crown Status Government Companies wholly or partly owned by Central Government Departments and their subsidiaries Assembly Sponsored Public Bodies (ASPBs)

(f) Police forces

(g) Fire and rescue services

(h) Ambulance services

(i) Maritime and coastguard agency services

(j) NHS bodies

(k) Educational bodies or establishments including state schools (nursery schools, primary schools, middle or high schools, secondary schools, special schools), academies, colleges, Pupil Referral Unit (PRU), further education colleges and universities

(l) Hospices

(m) National Parks

(n) Housing associations, including registered social landlords

(o) Third sector and charities

(p) Citizens advice bodies

(q) Councils, including county councils, district councils, county borough councils, community councils, London borough councils, unitary councils, metropolitan councils, parish councils

(r) Other Public Bodies and Public corporations and their subsidiary bodies sponsored by Central Government Departments which are not covered by named categories in the Attachment 1 Authorised Customer list

(s) Public financial bodies or institutions

(t) Public pension funds

(u) Central banks

(v) Civil service bodies, including public sector buying organisations

(w) All new bodies created which fall within the criteria

2.

Those listed and maintained by the Government or accessible on any replacement link.  

3.

Those listed and maintained by the Office of National Statistics (ONS) or accessible on any replacement link.  

4.

Those set out in the definition of “Contracting Authority” in the relevant procurement regulations and, or, legislation:

(a) Central Government Departments, Local Government and Public Corporations that can be accessed at the Public Sector Classification Guide

(b) Local Authorities (England) set out in Local Authorities (England)

(c) NDPBs set out in Search for Departments, agencies and public bodies on GOV.UK  

(d) National Parks Authorities 

(e) All educational Establishments in England maintained by the Department for Education, including schools, universities and colleges (except Independent Schools)  

(f) Police Forces in England (Police Forces and Special Police Forces in England, and, or Police and Crime Commissioners (as defined by the Police Reform and Social Responsibility Act 2011) and, or, the Police Authorities (as defined in the Police Act 1964, Police Act 1996, Serious Organised Crime and Police Act 2005, Police and Justice Act 2006, Police, Public Order and Criminal Justice (Scotland) Act 2006), and other relevant legislation for the constituent parts of the United Kingdom, for their respective rights and interests.)  

(g) Fire and Rescue Services in England  

(h) NHS bodies in England set out in NHS Bodies England, provider directory 

(i) Hospices in England  

(j) Registered Providers of Social Housing (Housing Associations)  

(k) Third sector and charities in England set out in:

• Charity Commission Register of Charities
• Charity Commission for the UK register of charities

(l) Any charities registered in England

(m) Citizens Advice (England)

(n) Local Enterprise Partnerships (LEPs)

(o) Combined Authorities established under Section 103 of the Local Democracy Economic Development and Construction Act 2009

Local Government Association - Devolution and local government reorganisation FAQs and glossary

(p) Other Public Bodies, Public Corporations and their subsidiary bodies sponsored by Central Government Departments which are not covered by the categories mentioned

(q) Any successor bodies to any of the bodies listed

(r) Other:

Post Office (Post Office Ltd)

Manchester Airport Group