Section 6.385  Expenditure in Excess of Contract Price

a)         No funds in excess of the contract price may be obligated or expended by change order or contract adjustment unless the additional work to be performed or materials to be furnished are germane to the original contract.

b)         A construction contract change order may cause the obligation or expenditure of funds in excess of the original contract amount provided the subject of the change order is germane to the original contract and the Department determines the additional expenditure is approved in accordance with Section 30-35 of the Code.  The Department will approve construction contract change orders 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 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 $100,000 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 $100,000 will be published in the Bulletin.

c)          A construction contract adjustment is germane to the original contract.  If a contract adjustment requires additional obligation or expenditure in excess of $100,000, the Department will record the provisions of the original contract in the contract payment file as authority for the addition.

d)         Contract change orders and contract adjustments will be processed on a form prescribed by the Department.

(Source:  Amended at 44 Ill. Reg. 6222, effective April 8, 2020)