Thanks for the response.
I agree that a quotation is submitted for acceptance and is required to contain alterations to the Accepted Programme otherwise the PM should assess.
However what I’m not clear on is the status of the programme submited as part of the quote.
If the alterations to the Accepted Programme were submitted in the form of a new (full) programme would acceptance of the quote constitute acceptance of the programme and hence mean that the programme becomes the Accepted Programme ie is the alterations to the Accepted Programme submitted for acceptance as well as the quotation (effect on Prices and effect on the Completion Date).
This is a question that is open to debate. I will give my slant.
Let us take the example of a programme submission (as part of a quotation) for a compensation event which takes up some free float along a path of activities. It shows how - to quote clause 62.2 - the “remaining work is altered by the compensation event” and therefore “the alterations to the Accepted Programme”.
Note the word “alterations” in the above text, so if the Project Manager accepts the quotation, then there is a fairly strong implication that he or she has also “accepted” “the alterations to the Accepted Programme” and therefore that the current Accepted Programme is updated / altered in part as a result. I would go along with this conclusion and Glenn Hide has actually written an article coming to the same conclusion.
However, it is not explicitly stated and others might disagree, although without doing any research I am not aware of any author who has come to a different conclusion. What Glenn did say was that in the 4th edition, he would like it to be more explicitly stated which I also agree with.
So if we take your question where you submitted a completely revised whole Programme as part of your quotation, it ‘alters’ the whole of the current Accepted Programme, so while it might not be in the strict contractual sense a new Accepted Programme (assuming the PM accepts it), it effectively is.
In future, I suggest you submit a new whole programme both under 62.2 and the second bullet point of clause 32.2. That way, there can be no doubt that on acceptance it becomes the new Accepted Programme.
It is not the intent that a programme submitted as part of the quotation ever becomes the Accepted Programme once the quote has been accepted/implemented. If you think about it, it wouldn’t make sense if a quotation has taken 12 weeks to become accepted, and in the meantime two further programmes have been issued for acceptance and been accepted - you would not want the quotation programme to superseded these two programmes that contain more up to date information. If you have only submitted part of the programme with the quote then this could never become the Accepted Programme. The fact a whole programme has been submitted does not suddenly change the rules here.
Any programme issued for acceptance at the intervals stated within contract data part 1 should reflect the effects of compensation events as they occur. The initial effects will be on planned Completion, and once the quotation is implemented may then allow the Completion Date to be moved, if the reason for the movement in planned Completion was due to the effects of the compensation event.
The acceptance of a quote is implementation. Implementation requires the PM to confirm any changes to the Prices, Completion Date and/or Key Dates. This is independent of the programme acceptance process (which progressively will reflect the effects of compensation events).
thank you for your response.
I would agree with your comments. The question goes back to an earlier question on the interpretation of clause 64.2 which refers in part to “the Contractor has not submitted a programme or alterations to a programme for acceptance as required by this contract”.
64.2 seems to imply that alterations to a programme are submitted for acceptance hence if the alterations were a new programme then this would become the Accepted Programme which I dont think is the itention.
I think the second bullet of 64.2 would have been better split in to 2 bullets:
• the Contractor has not submitted a programme for acceptance as required by this contract, or
• the Contractor has not submitted alterations to a programme as required by this contract
I would like to offer my view as follows:
Only programmes submitted under clause 31 and 32 can become the Accepted programme.
Programmes submitted under clause 62.2 are submitted for quotation purposes only, and even if these programmes are accepted they do not become the Accepted programme.
I would like to think that the “not submitted alterations to a programme” is referring to the PM rejecting a programme under 31.3, and the Contractor is then obliged under 13.4 to resubmit taking into account those elements. But I agree - it s not clear enough and do not really see why those words need to be there. Much easier you submit the whole programme for acceptance rather than just the bits that need changing.