NEC ECC: Can PM designate certain brand of consumables in PM offices in an Option C contract?

Question

Can PM designate certain brand of consumables in PM offices provide by the Contractor in an Option C contract?
If there is no designation in the contract, is it a compensation event?
If it is more expensive than what the Contractor planned to provide, although the cost can be reimbursed, the share amount would be less than original. Any potential impact?

Answer 1

If the Project Manager is saying I specifically want this, let's say Brand X toilet roll, rather than any other brand, you should invite hime to change the Works Information or Scope to be more specific. That would be a change to the WI / Scope which is a compensation event.

In the NEC3 ECC, consumables provided by the Contractor for the PM and Supervisor are a Defined Cost under 43(i) of the full Schedule of Cost Components and 53(h) under NEC4. So under a target cost contract, which by talking about "share amount" I assume you are under, this adjusts the Prices. i.e. the changes in the Prices = change in Defined Cost from using Brand X toilet roll versus what you were supplying at the moment.

Under options A & B of NEC3, the relevant clause of the Shorter SCC is 44, while under NEC4 it is 53(h).

Glad we've got to the bottom, so to speak, with who pays for toilet roll.

Answer 2

If the Works Information at tender stated that the Contractor was to provide 50 No. 900g cans of spray paint and the Project Manager now requires the Contractor to provide 50 No. 900g cans of Brand X spray paint then that is a change to the Works Information, which is a Compensation Event that changes the Total of the Prices (the target cost) by the difference in defined cost plus Fee.