Minnesota Administrative Rules
Agency 120 - Commerce Department
Chapter 2890 - PETROLEUM TANK RELEASES
Part 2890.4100 - DEVIATIONS FROM MAXIMUM COSTS FOR CONTRACTOR SERVICES
Universal Citation: MN Rules 2890.4100
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Bids over maximum costs owing to unavailability of contractors.
A cost for a contractor task that exceeds the maximum cost specified for that task in parts 2890.2400 to 2890.3850 is not prima facie unreasonable when:
A. the bid accepted
by the applicant before the provision of contractor services specifically
states that the amount exceeds the maximum cost limits and provides a detailed
explanation of the reasons for costs in excess of the maximum cost limits;
and
B. the applicant demonstrates
by reasonable evidence that:
(1) the applicant
could not secure a bid to perform that contractor service for an amount not
exceeding the maximum costs in parts
2890.2400 to
2890.3850 for that contractor
service;
(2) the applicant
conducted an extensive search for bids from persons that could perform that
contractor service or perform a comparable service at less expense that would
make unnecessary the performance of that contractor service; and
(3) the performance of that contractor
service was essential to complete the corrective action properly.
Subp. 2. Additional costs incurred after bid approved by applicant.
A. Costs for contractor services that exceed
the amount specified in a bid approved by the applicant are not prima facie
unreasonable when:
(1) the applicant approves
a change order for the higher costs;
(2) the higher costs were required by
circumstances beyond the control of the contractor or applicant that could not
have been reasonably anticipated when the bid was accepted by the applicant;
and
(3) the applicant demonstrates
that the higher costs were essential to complete the corrective action
properly.
B. The
applicant must approve change orders on a form prescribed by the board. The
charge order form must contain the following:
(1) a detailed description of the higher
costs;
(2) the reason for the
changes from the original bid;
(3)
the amount originally proposed for each affected task and the amount actually
charged for each affected task; and
(4) signatures of the applicant and the
contractor.
Statutory Authority: MS s 115C.07
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