Cameron - sorry but I don't think it is as simple as proving that they had not priced them. The BofQ rates are not used to assess compensation events. What would the difference be if they forgot to price them, or did not need to price them? Certainly if they forgot to price them, they still need to price the new less what the old WOULD have cost them, so probably no real difference here. That otherwise would not be fair on the Client. If you already had the stock from previous I am not sure why you still wouldn't price for it within the tender as presumably at some point you paid for it and need to get recovery for that cost.
It would be an assessment at open market rates as to what the 25Mpa would have cost compared to what the 40Ppa will now cost and the difference is the value (as well as considering time). Any cost you had already spent on the 25Mpa would be taken into account i.e. not form part of the saving.
I think this is a rare scenario that would happen (all be it clearly it has here). All you can do is put forward your best argument as to what the 25Mpa would have been considerable less and see if you can get them to see that it is true rather than fabricated to increase the value of the CE. I am guessing also that the cost of the material is the lesser amount, compared to the cost and time of resources and equipment to install it so only a proportion of the quote anyway.
It would be an assessment at open market rates as to what the 25Mpa would have cost compared to what the 40Ppa will now cost and the difference is the value (as well as considering time). Any cost you had already spent on the 25Mpa would be taken into account i.e. not form part of the saving.
I think this is a rare scenario that would happen (all be it clearly it has here). All you can do is put forward your best argument as to what the 25Mpa would have been considerable less and see if you can get them to see that it is true rather than fabricated to increase the value of the CE. I am guessing also that the cost of the material is the lesser amount, compared to the cost and time of resources and equipment to install it so only a proportion of the quote anyway.