Administrative Code

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Virginia Administrative Code
Title 6. Criminal Justice and Corrections
Agency 15. Department of Corrections
Chapter 81. Standards for Planning, Design, Construction, and Reimbursement of Local Correctional Facilities
5/31/2020

6VAC15-81-410. Changes and Delays.

A. If, during the project, there is any substantive change in the scope of the project, major design change, an increase in the estimated cost of construction exceeding 10%, or any change in the security staff requirements exceeding 10%, the review process shall be suspended until the project is resubmitted to the board for further review and possible change in the status of reimbursement recommendation.

B. Unless an extension is granted by the board, board approval expires after two years if design development drawings have not been submitted to the reviewing authority. After that time, to proceed with the project, the owner shall resubmit the community based corrections plan to the board for reconsideration.

C. Increases in reimbursement funding over the initial amount approved by the board may be considered based on analysis of documentation of bid overage or contract increase, negotiation for cost reduction, and justification for the increase. See 6VAC15-81-430. Increases in the cost of construction above the board approved amount shall be documented, justified, and submitted for board approval. Notification shall be provided to the board of the intent to request increased reimbursement prior to 35% completion of construction. The request for board approval with complete documentation and justification shall be made prior to 50% construction completion.

D. The board shall not approve any request for reimbursement for increases in the cost of construction for any project for which construction was not begun within three years of enacted approval of funding for the project by the General Assembly; provided however, the board may approve such requests if the increased costs resulted from extraordinary circumstances, which must be documented.

E. Final appropriations for increases are subject to the Governor's approval and legislative enactment.

Statutory Authority

§§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.

Historical Notes

Derived from Volume 34, Issue 12, eff. March 8, 2018.

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