Oklahoma § 61-121 - Change orders or addenda

§ 61-121. Change orders or addenda

A. Change orders or addenda to public construction contracts of

One Million Dollars ($1,000,000.00) or less shall not exceed a

fifteen percent (15%) cumulative increase in the original contract

amount.

B. Change orders or addenda to public construction contracts of

over One Million Dollars ($1,000,000.00) shall not exceed the

greater of One Hundred Fifty Thousand Dollars ($150,000.00) or a ten

percent (10%) cumulative increase in the original contract amount.

C. Change orders or cumulative change orders which exceed the

limits of subsection A or B of this section shall require a

readvertising for bids on the incomplete portions of the contract.

D. If the awarding public agency does not have a governing

body, the chief administrative officer of the awarding public agency

shall approve change orders. The Director of the Office of

Management and Enterprise Services, or the Director's designee,

Oklahoma Statutes - Title 61. Public Buildings and Public Works

shall sign and execute all contracts and change orders, as they

relate to state agencies.

E. If the awarding public agency has a governing body, all

change orders shall be formally approved by the governing body of

the awarding public agency and the reasons for approval recorded in

the permanent records of the governing body. The governing body of

a municipality or technology center may delegate approval of change

orders up to Forty Thousand Dollars ($40,000.00) or ten percent

(10%) of any contract, whichever is less, to the chief

administrative officer of the municipality or technology center or

their designee, with any approved change orders reported to the

governing body at the next regularly scheduled meeting.

F. The Oklahoma Veterans Commission, as the governing body of

the Oklahoma Department of Veterans Affairs, is authorized to

delegate to the Director of the agency the authority to approve

change orders on a construction contract provided that the

individual change order does not exceed Forty Thousand Dollars

($40,000.00) in expenditure, and complies with the limits

established by this section. Change orders approved by the Director

pursuant to a delegation of authority shall be presented to the

Commission during the next regular meeting and the reasons for the

orders recorded in permanent records.

G. The governing body of the Oklahoma Tourism and Recreation

Department is authorized, upon approval of a majority of all of the

members of the Oklahoma Tourism and Recreation Commission, to

delegate to the Director of the agency the authority to approve

change orders on a construction contract provided that the

individual change order does not exceed Twenty-five Thousand Dollars

($25,000.00) in expenditure and complies with the limits established

by this section. The Director of the Office shall sign and execute

all contracts and change orders.

H. The Transportation Commission may, by rule, authorize the

Director of the Department of Transportation to approve change

orders in an amount of not to exceed Five Hundred Thousand Dollars

($500,000.00). Change orders approved by the Director shall be

presented to the Transportation Commission during the next regular

meeting and the reasons therefor recorded in the permanent records.

The Oklahoma Turnpike Authority may authorize the Director of the

Authority to approve change orders in an amount not to exceed Two

Hundred Fifty Thousand Dollars ($250,000.00). Change orders

approved by the Director of the Authority shall be presented to the

Authority during the next regular meeting and the reasons for the

orders recorded in permanent records.

I. All change orders for the Department of Transportation or

the Authority shall contain a unit price and total for each of the

following items:

1. All materials with cost per item;

Oklahoma Statutes - Title 61. Public Buildings and Public Works

2. Itemization of all labor with number of hours per operation

and cost per hour;

3. Itemization of all equipment with the type of equipment,

number of each type, cost per hour for each type, and number of

hours of actual operation for each type;

4. Itemization of insurance cost, bond cost, Social Security,

taxes, workers' compensation, employee fringe benefits and overhead

cost; and

5. Profit for the contractor.

J. 1. If a construction contract contains unit pricing, and

the change order pertains to the unit price, the change order will

not be subject to subsection A or B of this section.

2. When the unit price change does not exceed Twenty Thousand

Dollars ($20,000.00), the unit price change order computation may be

based on an acceptable unit price basis in lieu of cost itemization

as required in paragraphs 1, 2, 3, 4 and 5 of subsection I of this

section.

3. When the unit price change exceeds Twenty Thousand Dollars

($20,000.00), any unit price for a new item established at or below

the average eighteen-month-price history for the new item may be

used in lieu of cost itemization as required in paragraphs 1, 2, 3,

4 and 5 of subsection I of this section.

K. Alternates or add items bid with the original bid and

contained in the awarded contract as options of the awarding public

agency shall not be construed as change orders under the provisions

of the Public Competitive Bidding Act of 1974.

L. Where construction management at-risk is the project

delivery method, the limits established by subsections A and B of

this section shall be based upon the total cost of the project

rather than the cost of the individual trade contracts.

Added by Laws 1974, c. 298, § 21, operative Aug. 1, 1974. Amended

by Laws 1975, c. 266, § 9, emerg. eff. June 5, 1975; Laws 1989, c.

164, § 1, emerg. eff. May 8, 1989; Laws 1993, c. 293, § 2, emerg.

eff. June 3, 1993; Laws 1995, c. 200, § 3, emerg. eff. May 19, 1995;

Laws 1997, c. 72, § 1, eff. Nov. 1, 1997; Laws 1998, c. 118, § 1,

eff. July 1, 1998; Laws 2000, c. 363, § 11, emerg. eff. June 6,

2000; Laws 2002, c. 294, § 22, eff. Nov. 1, 2002; Laws 2004, c. 328,

§ 2, eff. July 1, 2004; Laws 2006, c. 271, § 23, eff. July 1, 2006;

Laws 2009, c. 257, § 3, eff. Nov. 1, 2009; Laws 2011, c. 112, § 1,

eff. Nov. 1, 2011; Laws 2012, c. 304, § 315; Laws 2013, c. 170, § 1,

eff. Nov. 1, 2013; Laws 2017, c. 68, § 1, eff. Nov. 1, 2017; Laws

2019, c. 299, § 4, eff. Jan. 1, 2020; Laws 2022, c. 238, § 26, eff.

Nov. 1, 2022.