Common use of Notice of Proposed Change Clause in Contracts

Notice of Proposed Change. (a) If Owner desires to make a change in the Work or to evaluate whether to initiate such a change, Owner’s Contracting Officer may, at its discretion, issue a Notice of Proposed Change. Such notice will, as applicable, identify any limitations in the scope or price of Contractor’s estimating efforts for the proposed change. (b) Prior to or after issuance of a Notice of Proposed Change, Owner may, in its sole discretion, schedule an initial meeting with Contractor to discuss and define the proposed change, including, but not limited to, Work impacted by the proposed change, and pricing and cost data. Contractor shall be obligated to participate in such meeting and follow Owner’s instructions relative to the submission of information. Such initial consultation shall be at no additional cost to Owner. (c) Contractor shall, within a reasonable time after receipt of the Notice of Proposed Change, but no later than thirty (30) days thereafter, prepare and submit to Owner’s Contracting Officer the scope, price and schedule impact, if any, of the proposed change, incorporating and fully reflecting all requests made by Owner. Contractor represents and warrants that such information will: (i) personally be examined prior to delivery by the Authorized Contractor’s Representative; (ii) clearly detail how the total price and individual components of that price were determined; and (iii) include all assumptions, detailed quantity takeoffs, rates of production and progress calculations, cost estimates and quotes from Subcontractors used by Contractor to arrive at the price in a format and level of detail reasonably required by Owner. If Owner subsequently elects not to proceed with the proposed change, a Change Order shall be issued to reimburse Contractor for reasonable costs incurred for estimating services, design services and services involved in the preparation of proposed revisions to the Contract Documents.