Ambiguity between SSCC and CD2

Can you clarify which of the following would be correct in the assessment of a CE if the SSCC does not make reference to the subcontract data pt2.
We are involved in a relatively large fencing subcontract and we have CECA rates -28% included in our SCD pt2 and we have had 6 nr quotations using those rates rejected so far on the basis that there is no reference to ‘the published list’ in the SSCC.
Is the contractor correct in stating that we have to use actual hire costs in our quotations? or should we insist that we are in the right here?

This is a messy situation and, unfortunately, not uncommon. However, the contractor is not correct in its contention - the SCD Part two rates constitute the agreement that clause 63.14 requires.

Assuming NEC3 ECS 2013, Option A and subject to any amendments in your subcontract.

Agree with Peter’s reply above. The starting position would be a forecast of Defined Cost plus the Fee. If by agreement both parties agree then “rates and lumps sums” can be used, these being the “rates” in subcontract data part 2.