22 CAR § 112-409. Change orders

(a)(1) A change order is an amendment to the original contract that may include, but is not limited to, changes in the dollar value of the contract or the time for completion. (2) Change orders shall be submitted for approval to the Construction Section after an agreement regarding the change is reached by the: (A) Department; (B) Design professional; and (C) Contractor. (3) A change order is not effective until approved by the Construction Section. (4) Emergency change orders may be effective by following the same rules as emergency contracts. (5) The distribution of change orders will be the same as the original contract. (b)(1) Along with the change order form, the department or authorized representative must submit documentation outlining all changes including: (A) The work to be accomplished or deleted; (B) Any revisions to the contract time; and (C) The exact dollar amount. (2) In addition to the Construction Section’s review and approval of the change order, the Design Review Section shall review and approve any changes regarding the scope of the project within its jurisdiction. (3) Submittals shall be with one (1) original along with the appropriate supporting documentation. (c)(1) The design professional shall prepare the change order and coordinate execution by the: (A) Contractor; (B) Department; and (C) Design professional. (2) After the signatures have been received, the Construction Section will determine if the documentation is in order and approve the change order accordingly and provide an electronic copy to the department project coordinator for disbursement to the contractor and to the design professional. (3) The Construction Section shall maintain the original change order. (4) If proper documentation is not provided, the change order will be returned to the sender. (d) Change orders shall be approved by the Construction Section before work is done unless prior approval by the Construction Section has been granted. (e)(1) The Construction Section shall not be responsible for the review or approval of change orders on exempt contracts (refer to 22 CAR § 112-102) unless the change order increases the total contract amount to more than the exempt amount. (2) If the exempt contract is increased to more than the exempt amount by a change order, the department shall seek approval from the Construction Section by submitting the original contract or purchase order along with justification for the increase. (3) Under no circumstances shall an agency abuse this process to subvert any law or rule relating to capital improvements. (f) All drawings pertaining to the work referenced within the change order shall be stamped, sealed, and signed by the appropriate design professional prior to submission to the Building Authority Division. (g)(1) The documentation for change orders shall include any applicable copies of all requests for pricing from the design professional and responses from the contractor and the subcontractors. (2) Pricing and supporting documentation must comply with the contract documents.