The Project Manager has completed the contractual action of instructing the submission of a quotation, so the consequential contractual action is for the Contractor to submit a quotation.
The Contractor should include alterations to the Accepted Programme and any delay to the Completion Date as part of the quotation assessment.
If the following occurs;
- The Contractor does not submit a programme with the assessment,
- The programme does not show a delay to the Completion Date
- The quotation is not submitted within the contractual timescales,
Then the PM may make their own assessment and assess the value accordingly. If a programme is submitted which shows a delay to the Completion Date then the PM may still make their own assessment but would need to evidence why there is unlikely to be such a delay.
The Contractor is correct in that the PM must assess the submitted quotation but the PM is under no obligation to accept it where conditions allow the PM to make their own assessment.
This is quite a common situation but usually works the other way around whereby the PM does not accept a CE and then subsequently changes their mind. Often the information presented to evidence that a CE has occurred is not sufficient to conclusively determine the matter.
Whether the PM accepts or not accepts the matter may also be influenced by the Main Option, as there is a far greater effect on the Contractor’s cashflow under A and B, than for C and D.