OAR 125-247-0805: Amendments to Contracts and Price Agreements

(1) See OAR 137-047-0800. (2) Regardless of OAR 137-047-0800, Authorized Agencies must comply with the following provisions: (a) Authority. All Amendments to Contracts must be signed by the authorized representatives of the parties to the Contracts, except that Amendments to Ordering Instruments may be accepted by the action of the Provider in accordance with the terms and conditions of the Ordering Instruments. All Amendments must receive all required approvals before the Amendments become binding on the Authorized Agency and before any service may be performed or payment made, including but not limited to the Department of Justice legal sufficiency review according to ORS 291.047. (b) Approval. (A) For a Contract Awarded as an Intermediate Procurement pursuant to ORS 279B.070, if the cumulative value of the original Contract Price and all Amendments exceeds $250,000, or one hundred twenty-five percent (125%) of the original Contract Price, whichever is greater, then the Authorized Agency must request and obtain the prior approval of a Special Procurement in accordance with OAR 125-247-0287. (B) For a Contract Awarded through Competitive Sealed Bidding pursuant to ORS 279B.055, or through Competitive Sealed Proposals pursuant to ORS 279B.060, if the cumulative value of the original Contract Price and all Amendments exceeds one hundred twenty-five percent (125%) of the original Contract Price, then the Authorized Agency must obtain the prior Written approval of the State Chief Procurement Officer or delegate. (C) The Designated Procurement Officer or delegate, or the State Chief Procurement Officer or delegate, must determine and document that the proposed Amendment: (i) Is not a material change of the essential identity or main purpose of the Original Contract; and (ii) Does not constitute a new undertaking that should result in a new Procurement. The determination and approval must be included in the Procurement File. (c) Original Contract. The Original Contract was awarded either: (A) According to ORS 279B.055, 279B.060, 279B.065, 279B.070, 279B.075, 279B.080, 279B.085, or 279A.200 through 279A.220; or (B) Other statutory law. (d) Price Agreements. The Department or its delegate may amend a Price Agreement as permitted by the Price Agreement or applicable law. (e) Intermediate Procurement. See OAR 125-247-0270. (f) Emergency Procurement. See OAR 125-247-0280. (g) Small Procurement. See OAR 125-247-0265.