Or. Admin. Code § 291-160-0370

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

Section 291-160-0370 - Amendments to Contracts

(1) Generally. DOC may amend a Contract without additional competition in any of the following circumstances:

(a) The amendment is within the scope of:

(A) The Solicitation Document or other document inviting participation in procurements, if any;

(B) The sole-source notice or the specialty procurement, if any; or

(C) In the absence of any of the preceding, the Contract.

(b) These Division 160 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 un-amended Contract;

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

(C) The amended Contract does not have a total term greater than allowed in the Solicitation Document or other document inviting participation in procurements, if any, or if no Solicitation Documents, as described in the applicable specialty rule, 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.

(2) For purposes of section (1) of this rule, an amendment is not within the scope of a Solicitation Document, other document inviting participation in procurements, a sole-source notice, specialty procurement, or a Contract if DOC determines that the changes contained in the amendment, had they been described in those procurement documents, would likely have increased competition or affected the award of the Contract.

(3) Contracts from Small Procurements. DOC may amend a Contract Awarded as a small procurement pursuant to section (1) of this rule, provided that the total increase in price does not exceed the amount set forth in OAR 291-1600280 for small procurements. DOC may amend a Contract Awarded as a small procurement regardless of the dollar amount of the amendment as provided in subsection (1)(b) of this rule.

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

(a) As permitted by the Price Agreement;

(b) If DOC fails to receive funding, appropriations, limitations, allotments or other expenditure authority, including the continuation of program operation authority, sufficient, as determined in the discretion of DOC, to sustain purchases at the levels contemplated at the time of contracting;

(c) Due to any change in law, program termination, or facility closure that makes purchases under the Price Agreement no longer authorized or appropriate for DOC's use; or

(d) As otherwise permitted by applicable law.

Or. Admin. Code § 291-160-0370

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

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030, 423.075

Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030, 423.075