Frequently Asked Questions


We are the contractor under an ECC option C contract. We are submitting quotations to the project manager for compensation events. In some cases, after we have submitted our quotation but before we have received a response from the project manager, we have found that our quotation does not cover the full costs resulting from the compensation event. We have been submitting revised quotes, but these are being rejected by the project manager. Can the project manager do that? The contract does not specifically allow the contractor to submit a revised quotation unless requested to do so by the project manager, but it also does not specifically state that we cannot?

It is a moot point as to whether you can or cannot provide revised quotations. Whatever the answer, project managers cannot just ignore or reject them out of hand. Project managers are obliged to decide if your quotation has been correctly assessed or not. That obligation is not just about whether it is too high; they must also object if they think it is too low. Therefore if they think your revised assessment is correct (or a part of it), then they should either instruct you to provide a revised quotation with reasons (clause 62.3), or makes their own assessment (clause 64.1). If project managers choose the latter, then they must include whatever they think is correct, which can and should include part or all of your revisions, if they think these are correct.

Of course if project managers think that both your original assessment and your revised assessment are wrong, then they are entitled to reject them both and make their own assessment. Once notified, only the adjudicator can change it (clause 65 and W2.3).

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