Illinois Administrative Code
Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT
Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT
Subpart I - CONTRACTS
Section 1.2067 - Contract Amendments and Change Orders
Universal Citation: 44 IL Admin Code ยง 1.2067
Current through Register Vol. 48, No. 38, September 20, 2024
a) Contract amendments memorialize actions authorized by specific language in the contract (e.g., exercise of an option or showing price decrease or increase based on CPI) or memorialize non-material changes (e.g., change in names of notice contacts or number of periodic status meetings).
b) Change Orders
1) A change order is defined in Section
1.15.
Renewals, change of a vendor's name, and orders against master contracts are
not change orders.
2) Change orders
that increase or decrease the cost of a contract or an estimated contract by a
total of $10,000 or more, or the time of completion by a total of 30 days or
more, must be accompanied by a written determination that includes a statement
that: the circumstances said to necessitate the change
in performance were not reasonably foreseeable at the time the contract was
signed; the change is germane to the original contract as signed; or the change
order is in the best interest of the State. [720 ILCS 5/33E-9]
Agencies may not divide change orders into smaller parts to avoid requirements
for written determinations or publication.
3) A change order shall be executed by the
State agency and vendor evidencing the change. All changes that require a
written determination as provided in subsection (b)(2) shall be approved by the
SPO. Change orders that increase the cost of a contract or an estimated
contract by a total of $10,000 or more or the time of completion by more than
30 days shall be published on the Bulletin, pursuant to Section 15-25 of the
Code and documented pursuant to Section 33E-9 of the Criminal Code of 2012 [720
ILCS 5 ], in advance of execution of the change order. Although use of
emergency contracting is discouraged, if exigent circumstances require contract
execution prior to publication on the Bulletin (e.g., emergency salt purchases
on a holiday), emergency contracting is permitted pursuant to Section 20-30 of
the Code.
4) A change order to a
contract for professional or artistic services may not:
A) result in an increase in the amount paid
under the contract by more than 5% of the initial award; or
B) extend the contract term beyond the time
reasonably needed for a competitive procurement by more than two
months.
5) The total
contract term, including the initial term, renewals, extensions and change
orders shall not exceed 10 years. Any change order that would extend the total
term beyond 10 years is void. Any continuing need for supplies and services
must be procured using one of the methods of source selection authorized by the
Code and this Part.
6) Prior to
executing a change order with a cost estimated to exceed $249,999, the proposed
change order must be submitted to PPB. The PPB shall have up to 14 days to
review and comment on the change order. The SPO assigned to the State agency
may request a waiver of the review for reasons set forth in Section 20-60(c) of
the Code.
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