OAR 101-005-0070: Contract Amendments

PEBB 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 RFP, the sole source determination, or special procurement (the “Procurement Document”). An amendment is not within the scope of the procurement if the Agency determines that if it had described the changes to be made by the amendment in the Procurement Document, it would likely have increased competition or affected award of the contract. (2) These rules otherwise permit PEBB 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, of a contract and the amendment is advantageous to PEBB, subject to all of the following conditions: (a) The Services to be provided under the amended contract are the same as the Services to be provided under the unamended contract. (b) PEBB determines that, with all things considered, the amended contract is at least as favorable to PEBB as the unamended contract. (c) The amended contract does not have a total term greater than allowed in the Procurement Document after combining the initial and extended terms.