CHANGE ORDERS AND EXTRA WORK ORDERS

The Department of Agriculture and its institutional units without invalidating the Contract, may order extra work or make changes in the work within the general scope of the contract consisting of additions, deletions of any or all the quantities in the items of the Bid or other revisions, the contract sum and the contract time accordingly. All such alterations shall be authorized by change orders or extra work orders and shall be executed under the provisions contained on the Contract, within the Bid Schedule and/or summons or revision. Change Order - is a written order to the Contractor signed by the Secretary or his representative, authorizing a change in the work or and adjustment in the contract sum and/or 23 term. In those contracts where is established a unit price the contractor shall perform the works according to the new agreement, but at the unit price originally agreed. In Lump Sum Contracts the cost or credit to the Department and/or its institutional units resulting from a change in the work shall be determined in one of the following ways: 1. by mutual acceptance of a lump sum properly itemized; 2. by unit prices stated in the contract documents of subsequently agreed upon; or 3. by cost and a mutually acceptable fixed or percentage fee. Extra Work Order - Is a written order signed by the Secretary or his representative, authorizing a change in the work, adjustment in the Contract Sum and time for services or work for which there is no applicable basis of payment, either direct or indirect, provided in the proposal or the contract or if the resulting overruns or underruns of any item or items exceed certain percentages. The percentages and the method to be followed for unit price adjustment shall be as follows: 1. Overruns of more than twenty five percent of any major item or items shall require a negotiated unit price, which shall be covered by a Supplemental Agreement. The original unit price shall apply to all work performed up to one hundred twenty five percent of the original proposal quantity for the item, and the negotiated unit price shall apply only to the quantity of the work performed in excess of said 125 percent. If a satisfactory negotiated price cannot be agreed upon for any item or items, the Department or its Institutional units reserves the right to require the Awarded Bidder (Contractor) to perform the work in the basis of the actual cost plus an established fee or eliminating the increasing quantity from the contract. Underruns of more than twenty-five percent of any major item or items shall require a negotiated unit price for units of work finally performed shall be covered by a supplemental Agreement. The total quantity of worked finally performed shall be paid at the negotiated unit price, but in no case will the amount paid for the total quantity performed exceed seventy five percent of the original total amount for the item. 3. Overruns of a minor item to the extent that the amount of the item calculated at the original unit price, exceeds 6.25 percent of the original contract amount, shall require a negotiated unit price, which shall be covered by a Supplemental Agreement. The original unit price shall apply to all work performed in the item up to a value of 6.25 percent of the original contract amount and the negotiated unit price shall apply to the additional work. If a 24 satisfactory negotiated price cannot be agreed upon, the Department and/or its Institutional units reserves the right to require to the Awarded Bidder (contractor), to perform the work in the basis of the actual cost plus an established fee or eliminating the increasing quantity from the contract.