NEC ECS: Never Ending Cycle of Quotations

Contractor has requested a quotation (63.1) for a considerable CE to the contract that introduces a large element of risk to the Subcontractor. SC has revised the quotation 5 times over the period of 2 months on discussions with the Contractor. Contractor instructed SC to proceed with immediate placement of materials on submission of the latest quotation. Contractor has now asked for substantiation related to 20 elements of the quotation, without requesting a re-quotation, and after the instruction to order materials, this information could have been requested 2 months ago.

This is clear deferring tactics and against the spirit of the contract. What is the mechanism under the contract to stop the endless cycle of re-quotations & re-submissions?

1 Like

Simple - after the second or possibly third request for a revised quotation give them a new one straight away which is the same as the old one with a new date at the top. This will force them to make their own assessment, which they have to do in accordance with the contract (and if you don’t agree you can take to .

Clause 63.1 states the boundary between using actual or forecast Defined Cost, which is when the Contractor gave the instruction, or for other events when the compensation event was notified. This boundary is NOT reset every time that a new revised quote is requested.

Not withstanding that it is your obligation to substantiate the original quote as much as possible so that they can see if they agree or not with your quotation.