Chapter 16: Change Orders
Section 1: Overview
Circumstances may arise during construction requiring changes to the scope of the work contained in the contract; these are referred to as change orders. The prime contractor should closely monitor change orders to verify if adjusted items or work will impact DBE subcontracted items. The DBE goal applies to the final value of a contract to include all change orders.
Increases of Scope of Work
If TxDOT issues a change order which increases or adds new
work items, the prime contractor must ensure that it has obtained
sufficient DBE participation to meet the contract goal on the final contract
value or has made good faith efforts to do so.
If the prime contractor determines that additional DBE participation
cannot be obtained, the prime contractor shall request a waiver
of the participation after submitting documentation of good faith efforts
to meet the DBE goal.
Reduction of Scope of Work
If a change order eliminates work designated in a DBE commitment,
the prime contractor must follow the termination procedures and
must make a good faith effort to meet the DBE goal on the final
contract value.