Fidic clause 12.3 and 13 ; clarification needed.

VINAY KUMAR RUNIJHA (Querist) 25 January 2014 This query is : Resolved
This is regarding one of the ADB funded project wherein the General Conditions of Contract as per FIDIC apply.The bids are to be invited on item rate tender basis.
Clause 12.3 (a)(iv) states that:
"However, a new rate or price shall be appropriate for an item of work if:
(a) (i) the measured quantity of the item is changed by more than 25% from
the quantity of this item in the Bill of Quantities or other Schedule,
(ii) this change in quantity multiplied by such specified rate for this item
exceeds 0.25% of the Accepted Contract Amount,
(iii) this change in quantity directly changes the Cost per unit quantity of this
item by more than 1%, and
(iv) this item is not specified in the Contract as a “fixed rate item”;
The employer with the intention of avoiding any payments towards variation in quantities and price adjustment as per clause 13, has stated in the Contract Document: Bid Data Sheet and Contract Data Sheet that the prices quoted by the bidders shall be 'fixed' as stated in (a)(iv) above.
Please clarify if the interpretation of employer in respect to clause 12[ particularly part (a)(iv)] is correct or not.

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