11.1 General
11.1.1 Authorization
Contract modifications may be initiated by the contractor, contracting officer, or the contract administrator. A contract modification is not effective, and a contractor must not proceed with performance under the modification, until and unless the contract modification is executed by the contracting officer.
11.1.2 Use- Special Circumstances
11.1.2.1 Under extraordinary circumstances, the Director may approve a contract modification:
(a) for goods, services, or construction that has already been provided;
(b) to a contract that has expired; or
(c) to a contract that has been fully completed.
11.1.2.2 A contract modification may be used, among other things, to approve an equitable adjustment in the case of a unilateral change order. Subject to Chapter 20 of the County Code, a contract modification may be used to approve the settlement of a potential or pending contract dispute.
11.1.3 Policy for Contract Modifications that Change the Scope of a Contract
11.1.3.1 Contract modifications may not provide for less than full performance by the contractor as provided in the contract unless the contractor gives full and fair consideration (discount on contract price, additional work, etc.) in exchange for the contract modification. The County must not pay any additional monies under a contract modification for work which was required to be performed under the contract.
11.1.3.2 A modification to a contract that was awarded by a competitive solicitation process may not materially depart from the scope of the original solicitation unless the goods, services, or construction being acquired by the modification could be acquired from the incumbent contractor by a separate non-competitive or emergency procurement.
In the absence of a non-competitive or emergency procurement justification, the modification must be of a kind that potential offerors reasonably could have anticipated.
11.1.4 Review
11.1.4.1 The Director reviews the proposed contract modification, with attachments if any. If the value of the proposed contract modification exceeds the threshold for an IFB or RFP, the Director must refer the contract modification to the CRC unless the Director determines that the change in compensation results from a mechanical application of an established cost indexing provision or other contract option which pre-determines price. Otherwise, the Director may approve the modification.
11.1.4.2 The CRC reviews contract modifications referred by the Director. The CRC may approve, approve with conditions or reject any contract modification.
11.2 Change Orders
11.2.1 Change orders may be initiated as provided in the contract. Generally, a change order is initiated by the contract administrator. The change order may not become effective, and a contractor may not proceed with performance of the change order, until and unless the change order is executed by the contracting officer.
11.2.2 Changes which are outside the scope of the contract should not be processed in the form of a change order.
11.2.3 The Director reviews the proposed change order, with attachments. If the net cost of all the changes in the proposed change order exceeds the threshold for an IFB or RFP, the Director must refer the change order to the CRC for review. Otherwise, the Director may approve the change order.
11.2.4 The CRC reviews change orders referred by the Director. The CRC may approve, approve with conditions, or reject any change order in whole or in part.
11.3 Field Orders
11.3.1 Field orders are used only in the following limited situations:
11.3.1.1 To direct work when unforeseen and unanticipated conditions arise which require immediate action to mitigate costs or avoid delay claims, and there is insufficient time to process a change order;
11.3.1.2 To order a minor change in the work not involving an adjustment in the contract sum or an extension of the contract time, not inconsistent with the intent of the contract documents;
11.3.1.3 To provide a written interpretation, including drawings, necessary for the proper execution or progress of the work consistent with and reasonably inferable from the contract documents if the interpretation does not adjust the contract sum or the contract time.
11.3.2 A field order may be issued by a person specifically delegated the authority to issue a field order under the contract and who acts as a contracting officer for the purpose of issuing the field order. If the estimated value of the field order exceeds the threshold for an IFB or RFP, the Using Department Head must consent to the field order prior to its issuance. A Using Department Head may not delegate this authority to the authorized government official at the place of performance.
11.3.3 Prohibited field orders
Field orders are not permitted if there is sufficient time to process a change order, a contract amendment, or, if appropriate, a new procurement to satisfy the County's needs.