NEC TSC: Non-Standard Price List Items

For Options A & C under TSC (when Task Orders are used), is my understanding correct that the Service Manager (or appropriate delegate) would be responsible for specifying the Price List Items (from a centrally held list of tendered price list items), plus any standard OR non-standard Lump Sums, plus any non-standard measured quantity items and then sending a kind of pre-order to the Contractor, so that they can amend or approve as required before the official Task Order is issued?

Option X19 of the NEC3 TSC merely requires the Service Manager to consult the Contractor about the contents of a Task Order before it is issued (clause X19.2), once it is issued it is an instruction to carry out a Task (clause X19.1(2)) which the Contractor has a duty to obey (clause 27.3).

Note the use of the word “consult” not “agree” here, which implies that the Service Manager and Contractor may disagree about the contents of the Task Order however the Service Manager still has the right to issue it.

In terms of how the Prices for the Task are calculated, rates and lump sums from the Price List should be used or Defined Cost plus Fee (clause X19.3 and clause 63.2). Unlike the ECC, rates and lump sums from another source cannot be used in any circumstance.

NEC4 TSC has put more structure around the process for issuing a Task Order which resembles the process for quoting and assessing a compensation event.

Thank you very much Neil - that really helps to clarify things for me. So, essentially Main Option A under TSC works in in almost the same way as a traditional BoQ.

It does seem bizarre to me (as a newcomer) that NEC allow Main Options to work differently between ECC and TSC.