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Section 9 – Changes and Claims

The Agency’s written approval of the CICP is required. If the CICP is rejected, the Contractor

shall not appeal the decision.

9-3.05 Sharing Provisions and Formula

Upon acceptance of the CICP, the Contractor will receive fifty percent (50%) of the Net

Capital Savings based on the following formula:

Net Capital Savings = Contract Cost Prior to CICP - (Revised Contract Cost After

CICP + CICP Development Cost + CICP Implementation Cost)

The Contractor's development cost is limited to that directly associated with the preparation

of the CICP package. Development costs will be reimbursed after approval. However, the

Agency will reject costs that cannot be satisfactorily substantiated.

The CICP implementation costs include, when appropriate, engineering costs for reviewing

and redesigning the changes. However, Agency costs for processing the CICP are excluded.

9-4 CHANGES TO THE CONTRACT

If directed by the Agency, within fourteen (14) Calendar Days of issuance of an order for a

change, the Contractor shall provide a cost and time proposal prepared in accordance with the

requirements of Sections 9-8, “Payment for Changes”, and 9-12, “Time Extensions for

Changes”, in this Section of these Specifications. The Contractor’s proposal shall indicate the

amount to be added or deducted from the Total Contract Price, supported by complete details of

all Contractor, Subcontractor, vendor or supplier costs per Section 9-6, “Cost and Pricing Data”,

in this Section of these Specifications. In the event the Agency, for whatever reason, opts to not

proceed with the change, the Agency will reimburse the Contractor for the actual costs

associated with the preparation of the proposal. Contractor shall submit an invoice prepared in

accordance with Section 9-8.03 of these Specifications.

If the Contractor does not submit a proposal within fourteen (14) Calendar Days, and unless

the Agency is otherwise notified within fourteen (14) Calendar Days of a potential cost impact,

the Contractor agrees to perform the work described in the order for change with no additional

compensation. If the order for change is issued on a force account basis, the Contractor must

immediately begin keeping records in accordance with Section 9-8.03, “Force Account”, in this

Section of these Specifications.

9-5 PROSECUTION OF CHANGES TO THE CONTRACT

The Contractor shall comply with and prosecute all portions of the order for change with the

same diligence and manner as if the changes were originally included in the Contract, except as

otherwise provided in the order.

If agreement is reached regarding payment, but not a time adjustment, the Agency shall

have the right to direct the Contractor to proceed with the change at the agreed price. The

impact of the changed work on the project schedule will be considered by the Agency in

accordance with Section 9-12, “Time Extensions for Changes”, in this Section of these

When the Agency and Contractor cannot agree on the credit for deleted work, the Agency’s

estimate will be deducted from the Total Contract Price, unless the Contractor presents proof

prior to the Final Payment that the Agency’s estimate is in error.

9-6 COST AND PRICING DATA

Cost and pricing data submitted by the Contractor shall be true, complete, accurate, and

current. The Agency may require a formal certification to verify Contractor-submitted cost and