NEC3 ECC: Option A - Tendering - Construct & Maintain

NEC3 and NEC4 Contracts
1

I am currently looking to tender a package of works for construction of a data facility only. In this scenario I would be the Contractor looking to subcontract the works.

In order to optimize savings to the Employer we have suggested of taking in to account the maintenance costs of the data facility (which could be significant) over a course of approx. 10 - 20 years.

The issue is that we are tendering to construct the facility only through our main contract. The maintenance contract would be dealt with directly by the Employer, tendered for and in contract with directly.

If assessed at different times this would give the winning tenderer a substantial benefit when coming to tender for the maintenance package as they would have designed and installed the systems. Therefore to me it would make sense to get an overall cost from each tender at the construction phase to make this more transparent and fair.

Is there a way to bring in the maintenance costs as part of the tender assessment even though it is outside the scope of our contractual works?

2

Only real way you can do this is either submit a technical query (which everyone will see) suggesting this scenario for everyone possibly to offer an alternative price. Alternatively you could submit the compliant bid but then offer your own alternative bid which would show a higher tender price for the works but then potentially less running.maintenance costs for proceeding 10-20 years.

Best suggestion is to talk to your Employer and see what they would consider/entertain.