Fla. Admin. Code Ann. R. 60D-5.0092 - Changes in the Contract
(1) The
contractor's performance of work necessary to complete a project is specified
and described in the bidding and contract documents. Should conditions alter
the nature and extent of the work specified and described in the bidding and
contract documents, and the alteration of such conditions causes greater or
less cost and expense or time to perform the work required to complete the
project as specified or described and planned to be incurred in the
contractor's successful bid, an adjustment shall be made by means of a change
order to the contract time and/or contract amount.
(2) All adjustments to the contract amount
resulting from a change in the work shall be determined by the measure of
actual or estimated as the case may be, out-of-pocket costs and expenses
incurred or avoided by the contractor for labor, materials, equipment,
equipment rental, and overhead and profit thereon, for performing the changed
work, or not performing the work.
(3) It is in the best interest of the state
that the project contractor perform changes in the work and that bidding not be
required (a) if the contractor's performance and capability remain satisfactory
at the time of a proposed change order and (b) if the change is within the
general scope of the contract and the contract contains a method of calculating
overhead and profit caused by change orders, or (c) if the change will reduce
either the scope or size of the project or the contract price, or (d) if the
change is an integral part of the project and is necessary to correct an
unanticipated condition which is necessary to permit the construction to
continue and the contractor will agree to a reasonable negotiated increase in
the contract price. The Agency shall make a determination of the best interest
of the state on the basis of these criteria for each proposed change in the
work.
Notes
Rulemaking Authority 255.29, 255.30(1) FS. Law Implemented 255.29, 255.30(1) FS.
New 11-5-91, Formerly 13D-11.0092.
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