TITLE 44: GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT RULES
CHAPTER IX: DEPARTMENT OF TRANSPORTATION
PART 660 CONTRACT PROCUREMENT
SECTION 660.100 SMALL CONTRACTS


 

Section 660.100  Small Contracts

 

a)         Individual contracts for supplies or services from any one source that do not exceed $10,000 may be made without notice, competition or use of any other method of procurement prescribed in the Code or this Part.  (See Section 20-20(a) of the Code.)  Contracts for professional and artistic services that do not exceed $20,000 for a nonrenewable term of not more than one year will be procured in accordance with this Section.

 

b)         Construction contracts, construction supply contracts, construction-related service contracts and change orders made thereto that do not exceed $30,000 may be procured without notice, competition or use of any other method of procurement prescribed in the Code or this Part.  (See Section 20-20 of the Code.)

 

c)         Section 30-35 of the Code provides that a construction contract change order may cause the obligation or expenditure of funds in excess of the original contract price provided that the subject of the change order is germane to the original contract.  Section 30-35 of the Code further establishes the manner in which the amount of additional expenditure or obligation will be determined and authorized by the Department.  The Department will approve construction contract change orders authorizing the obligation or expenditure of additional funds without supplemental procurement procedures, in accordance with the following requirements and thresholds.

 

1)         A construction contract change order that is germane and that causes the obligation or expenditure in excess of the amounts in Section 30-35(b) of the Code or of more than $30,000 in excess of the contract price, whichever is less, will not be authorized without supplemental procurement procedures unless the scope of the change order is approved as provided in Section 30-35 of the Code.

 

2)         Determination of germaneness and the amount of additional expenditure or obligation thresholds will be determined in accordance with this Part and Section 30-35 of the Code.

 

3)         Prior written approval or disapproval will be made by the Department in accordance with the threshold amounts established in Section 30-35 of the Code, and in all cases if the contemplated construction contract change order will cause an expenditure or obligation of funds of more than $30,000 in excess of the contract price even though the threshold levels provided in Section 30-35 of the Code do not require such action.  The written approval will state the reasons for the additional obligation or expenditure and the basis for the germaneness determination.

 

4)         For purposes of determining the scope of the change order and the value thereof that is subject to the requirements of this Section, the Department will consider the total net value of all added and deducted work functions related to the object of the change order and the work of the contract to be affected.

 

5)         Notice of approved construction contract change orders in excess of $30,000 will be published in the Transportation Bulletin.

 

d)         Estimated needs shall not be divided in any manner to avoid the use of an established method of procurement.  (See Section 20-20(a) of the Code.)