I would suggest seeking to change the contract in accordance with clause 12.3 and re-introduce SCC items 23 and 24 if an open market rate cannot be agreed on. Alternatively you could agree to use SCC items 23 and 24 as the basis to calculate the open market rate to charge under item 22. The difference between the suggestions is that the second one only requires agreement between the PM and the Contractor, whereas the first one needs agreement between the Employer and Contractor and for this agreement to be a more formalised, legally binding contract change.
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