Hi there,
We (Contractor) are currently carrying out a contract under the NEC 3 Short Contract and the Client has not included any preliminaries as part of the Price List.
The Client has included a statement within the Invitation to Tender reading:
“The pricing of the Tenderer’s overheads, establishment costs, charges, profit or preliminary items and all such costs associated with these items will be deemed to be included as part of the Tender Submission whether these are separately identified in the response or any pricing submission or otherwise.”
The above statement is out of the ordinary in relation to similar contracts that we carry out with this client and other similar clients. It is standard where items are listed to detail and specify the preliminaries required to carry out the works contained within the WI.
We have raised this query with the Client as an EW and are looking to agree on Welfare requirements (both for Client and Contractor personnel) and Traffic Management requirements and how these will be paid for within the the contract. In addition to the statement within the ITT the Client is advising that Welfare facilities falls under Equipment. I appreciate this may come under Cabins as part of the definition but there was no inclusion in the WI that Welfare facilities would be required for a Client Representative which we are currently supplying. Moreover, it is standard practice in most of the contracts that we carry out under the NEC 3 Short that we have preliminary items for this and these items are used to reimburse us.
The client has not amended the method of measurement to account for a change to the item coverage for its statement within the ITT but feels their statement within the ITT relieves them of having to pay for such items.
Any advice on the matter would be much appreciated.