Or. Admin. Code § 291-159-0120

Current through Register Vol. 63, No. 12, December 1, 2024

Section 291-159-0120 - Amendments to Contracts

(1) For Procurements under OAR 291-159-0010(2)(b) and (2)(c), see OAR Chapter 125, Divisions 246, 247, 248, and 249.

(2) For Procurements under OAR 291-159-0010(1)(a), DOC may amend a Contract without additional competition in any of the following circumstances:

(a) The amendment is within the scope of the Procurement as described in the Solicitation Document, if any, or if no Solicitation Document, as described in the sole source notice or the approved Special Procurement, if any, or in the absence of any of the preceding, the amendment is within the scope of the Contract. An amendment is not within the scope of the Procurement if DOC determines that if it had described in the Procurement the changes to be made by the amendment, it would likely have increased competition or affected the Award of the Contract.

(b) These Division 159 rules otherwise permit DOC to award a Contract without competition for the Goods or Services to be procured under the amendment.

(c) The amendment is necessary to comply with a change in law that affects performance of the Contract.

(d) The amendment results from renegotiation of the terms and conditions, not exclusive to Contract price, of a Contract and the amendment is advantageous to DOC, subject to all of the following conditions:

(A) The Goods or Services to be provided under the amended Contract are the same as the Goods or Services to be provided under the unamended Contract.

(B) DOC determines that, with all things considered, the amended Contract is at least as favorable to DOC as the unamended Contract.

(C) The amended Contract does not have a total term greater than allowed in the Solicitation Document, if any, or if no Solicitation Document, as described in the sole source notice or the approved Special Procurement, if any, after combining the initial and extended terms. For example, a one-year Contract described as renewable each year for up to four additional years, may be renegotiated as a two to five-year Contract, but not beyond a total of five years.

(3) Contracts from Small or Intermediate Procurements. DOC may amend a Contract awarded as a Small or Intermediate Procurement pursuant to section (2) of this rule, provided that the total increase in price does not exceed the amount set forth in OAR 137-047-0265 for small Procurements or 137-047-0270 for intermediate Procurements.

(4) Price Agreements. DOC may amend a Price Agreement as follows:

(a) As permitted by the Price Agreement;

(b) For Price Agreements subject to ORS Chapter 279B, if the circumstances set forth in ORS 279B.140(2) exist; or

(c) As permitted by applicable law.

Or. Admin. Code § 291-159-0120

DOC 12-2022, adopt filed 11/7/2022, effective 1/1/2023

Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065, 279A.070

Statutes/Other Implemented: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065, 279A.070