Or. Admin. R. 943-060-0060

Current through Register Vol. 63, No. 8, August 1, 2024

Section 943-060-0060 - Contract Amendments

The Authority may amend a contract without additional competition in any of the following circumstances:

(1) The amendment is within the scope of the procurement as described in the solicitation documents, or if no solicitation documents, as described in the sole source notice or the approved special procurement or the contract, if any. The amendment is not within the scope of the procurement if the Authority determines that requested changes were not covered in the solicitation and would have likely increased competition or affected award of the contract.

(2) These rules would otherwise permit the Authority to award a contract without competition for the goods or services to be procured under the amendment.

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

(4) The amendment results from renegotiation of the terms and conditions, including the contract price, are advantageous to the Authority, 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 current contract;

(b) The Authority determines that, with all things considered, the amended contract is at least as favorable to Authority as the unamended contract; and

(c) The amended contract does not have a total term greater than allowed in the solicitation documents, if any, or if no solicitation documents, as described in the sole source notice or the approved special procurement, if any, after combining the initial and extended terms.

(5) The Authority may amend a contract, awarded from a solicitation, beyond its authorized term subject to the following conditions:

(a) The goods and services provided under the additional term must be reasonably related to the original contract's solicitation;

(b) Circumstances, basis, and term requested for extension amendment are outlined by program staff; and

(c) The DPO approves the term extension.

Or. Admin. R. 943-060-0060

OHA 5-2012, f. & cert. ef. 8-1-12

Stat. Auth.: ORS 179.040, 279A.065, 279A.070, 413.033 & 413.042

Stats. Implemented: ORS 279A.050, 279A.065(5), 279A.070, 279A.140 & 413.033