In the medium-term, it is envisaged that discussions with clients on the inclusion and application of the MPA will be carried out before tenders for work are invited.
Contractors may be already finding that they are being invited to tender for work on projects where no decision on applying the MPA has yet been made. In these instances the ECA recommends that contractors qualify their tenders appropriately. A model form of words, as follows, is suggested for use: “This tender is submitted on the basis that…[the rates and prices contained herein are not within the scope of] or [the project is not a designated project within the scope of]…the Major Projects Agreement concluded by AMICUS, the Electrical Contractors’ Association, the Heating and Ventilating Contractors’ Association and SELECT on 6 February 2003 (or any successor or supplementary agreement thereto).
“Should the project become a designated project in accordance with the arrangements under Clause 6 of the Agreement then…[we reserve the right to alter our tender to apply the rates and any other terms that are set out in the agreement] or [the terms of this tender are deemed to be altered to assume that the Major Projects Agreement applied at the time when we submitted this tender].”
Source
Electrical and Mechanical Contractor
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