Supplemental agreements may be used to change the scope, schedule, or amounts payable under an indefinite or specific deliverable agreement.

The contract period of an indefinite deliverable contract may be extended with a supplemental agreement, but it may not be extended to exceed the five year maximum contract term on federally funded agreements. Extending time to complete an indefinite deliverable contract only allows for the completion of work authorizations that were issued within four years of the prime contract execution date and does not authorize issuance of new work authorizations past the four year period.

TxDOT may extend a specific deliverable contract until completion of construction to enable the managing office to keep a provider engaged to perform design revisions (not necessarily the fault of the provider) during the project’s construction phase. This action:

Additional work required because of a provider’s error or omission must be performed by the provider without any cost to TxDOT, whether or not the contract has expired.

With indefinite deliverable contracts, the managing office may not supplement a work authorization with an unrelated task, even if the contract is still open because of an unperformed deliverable on one of the original work authorizations.

Increased labor rates are not sufficient justification for an increase in the maximum amount payable. For

Specific Deliverable

contracts, the maximum amount payable may be increased only if the scope of work is increased or the time schedule is extended.

The managing office can amend the contract’s method of payment only under compelling circumstances.