N.J. Admin. Code § 5:30-11.6

Current through Register Vol. 57, No. 1, January 6, 2025

Section 5:30-11.6 - Change orders for professional services and extraordinary unspecifiable services

(a) This section shall apply only to change orders for professional and extraordinary, unspecifiable services contracts.

(b) In case of conflict with the general requirements of N.J.A.C. 5:30-11.3, the specific language of this section shall prevail but, otherwise, the requirements of N.J.A.C. 5:30-11.3 shall be satisfied.

(c) Changes should be within the scope of activities of the original contract, and not for the purpose of undertaking new or different work or projects. Changes in payments for activities within the scope of activities of the contract shall be in accordance with a schedule of specific charges or rates contained in the contract and shall be effectuated by a written change order authorized by the governing body. If such a schedule is not included in the contract, the contract should be amended to provide for same.

(d) The 20 percent limitation of N.J.A.C. 5:30-11.3(a)9 shall not apply to professional and consultant contracts.

(e) If the change is not within the scope of activities of the original contract and the contract was awarded without competitive bidding being required by law or rule, as is the case for professional services and certain authorized extraordinary unspecifiable services in accordance with N.J.S.A. 40A:11-5(1)(a)(i), any change beyond the original scope of activities shall be made by amendatory contract approved by the governing body.

N.J. Admin. Code § 5:30-11.6

Amended by R.2000 d.485, effective 12/4/2000.
See: 32 New Jersey Register 3237(a), 32 New Jersey Register 4300(a).
Rewrote (a); in (b), substituted a reference to this section for a reference to the particular section; in (b) and (c), changed N.J.A.C. references; and in (e), changed N.J.S.A. reference.