Contract Changes.
9 RCNY § 4-02
in effect§ 4-02 Contract Changes.
(a) Policy.
(1) All changes to existing contracts shall be approved by the ACCO and shall be reflected in a change order, which, once authorized, shall become a part of the original contract. A copy of the change order shall be sent to the vendor within ten days after authorization of the change. Vendors who deviate from the requirements of the original contract without a duly authorized change order do so at their own risk.
(2) The ACCO may include in any solicitation a provision for determining the cost of expected changes, so that these costs can be competitively determined before award.
(b) Types of changes permitted.
(1) Changes may include any one or more of the following:
(i) specification changes to account for design errors or omissions;
(ii) changes in contract amount due to authorized additional or omitted work. Any such changes require appropriate price and cost analysis to determine reasonableness. In addition, except for non-construction requirements contracts, all changes that cumulatively exceed the greater of ten percent of the original contract amount or $500,000 shall be approved by the CCPO;
(iii) extensions of a contract term for good and sufficient cause for a cumulative period not to exceed one year from the date of expiration of the current contract. Requirements contracts shall be subject to this limitation;
(iv) extensions of a contract term pursuant to 9 RCNY § 3-11(d)(2);
(v) changes in delivery location;
(vi) changes in shipment method; and
(vii) any other change not inconsistent with this section.
(2) Changes not permissible for material alterations of scope. Changes are permitted only for work necessary to complete the work included in the original scope of the contract, and for non-material changes to the scope of the contract. Changes are not permitted for material alterations in the scope of the work or for the insertion of a renewal clause to the contract. Material alterations to the scope of the work may be made only by a new procurement.
(3) Small purchases. Changes to small purchases shall not bring the total value of the procurement to an amount greater than the small purchase limits.
(4) Subcontracts. Changes to construction subcontracts shall be made in accordance with 9 RCNY § 4-13(d).
(c) Adjustments of price or time for performance. The vendor may be entitled to a price adjustment for extra work performed or to be performed pursuant to a written change order. If any part of the contract work is necessarily delayed by a change order, the vendor may be entitled to an extension of time for performance. Adjustments to price shall be validated for reasonableness by using appropriate price and cost analysis.
(d) Documentation.
(1) Changes shall be categorized by type and numbered sequentially.
(2) For each procurement, the ACCO shall maintain a log of all executed change orders that shall include:
(i) the name of the vendor and the original contract amount,
(ii) the reason(s) for and the dollar amount of the change order, and
(iii) a running total of the value of the changes and the resulting revised contract amount.
(3) As-built field records shall be maintained by the agency or its designated construction site representative.
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-153332Fetched: 10/24/2026