12 Miss. Code. R. 3-2.1-700.20
All changes in the Work, except those of a minor nature, consisting of additions, deletions or other revisions adjusting the Contract Sum and/or the Contract Time will take the form of a written Change Order. Suggested changes may originate from the Professional, the Contractor, the Bureau, or the Using Agency and must be prepared using the Bureau's Standard Change Order Form. [See Appendix 700.] Letters from the Professional, Contractor, or Using Agency requesting changes to the Contract will not be considered. Only when a Change Order is submitted on the appropriate Bureau form will it be considered.
Special Note: Subcontractors may not originate a Change Order because there is no contractual relationship between the Bureau and the Subcontractor.
If recommended changes to the Contract are proposed by the Professional or Contractor and the Bureau's Project Manager concurs these changes are needed, the Professional will issue a detailed description of the changes with the necessary Drawings and specifications to the Contractor. The Contractor will prepare and submit an estimate of the cost and Time Extension, if any, to the Professional within ten (10) days. The Contractor should include a price and justification for each task to be accomplished. As a reminder, the maximum cost included in a Change Order for profit and overhead is twenty percent (20¢) of the total of the actual cost for Materials, Labor and Subcontractors. [See Division 0, page 00800-21.]
The Contractor's cost and/or Time documentation should include, but is not limited to, the following: quantities of product, labor, and equipment; taxes, insurance and bonds; overhead and profit; weather charts; credit for deletions from Contract; Time records and wage rates; quotation(s), etc.. If Drawings or Specifications are noted on the Change Order Form, these should be attached as documentation. In addition, statements, such as Owner requested or Using Agency requested, will not be sufficient justification. Written requests by the Owner or Using Agency must be attached for confirmation.
After the Professional has prepared the five (5) originalChange Orders, detailing the need, justification and attaching all necessary Specifications and Drawings, the Professional will sign all five (5) originals certifying the Change Order has been examined and analyzed, found to be in order and the cost reasonable. The Contractor will sign all five (5) originals certifying agreement. Afterward, the Change Order will be submitted to the Bureau Director for consideration. (see also Div 1 01028.E.)
If sufficient funds are available and it is in the best interest of the Project for the Change Order to be approved, the Bureau Director acting as the Owner will sign and approve the changes. Two (2) of the originals will remain with the Bureau; the others will be forwarded to the Professional for distribution:
one (1) to the Contractor, one (1) to the Professional; and, one (1) to the Using Agency. All Change Orders will become a part of the Standard Form of Agreement Between the Owner and the Contractor.
12 Miss. Code. R. 3-2.1-700.20