Illinois Administrative Code
Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT
Part 4 - CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT
Subpart I - CONTRACTS
Section 4.2067 - Contract Amendments and Change Orders
Universal Citation: 44 IL Admin Code ยง 4.2067
Current through Register Vol. 48, No. 38, September 20, 2024
a) Contract amendments memorialize actions:
1) authorized by specific language in the
contract (e.g., exercise of an option or showing price decrease or increase
based on CPI), or changes that do not affect price or time of performance
(e.g., change in names of notice contacts or number of periodic status
meetings);
2) not specifically
authorized in a contract (e.g., material changes to terms and conditions that
affect price or time of performance). This type of amendment constitutes a
change order.
b) Change Orders
1) A change order is defined in
Section
4.15.
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:
A)
the circumstances said to
necessitate the change in performance was not reasonably foreseeable at the
time the contract was signed;
B)
the change is germane to the
original contract as signed; or
C)
the change order is in the best
interest of the State. [
720 ILCS 5/33E-9]
Universities 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
university 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 exceed the small purchase limit shall be published in the
Bulletin in advance of execution of the change order.
4) A change order to a contract for
professional and artistic services made using the sole source method
may not result in an increase in the amount paid under the contract by
more than 5% of the initial award, or extend the contract term beyond the time
reasonably needed for a competitive procurement, not to exceed two
months. [
30 ILCS
500/20-25(b)]
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. PPB shall have up to 14 days to review and comment on the change order.
The university may request a waiver of the review for reasons set forth in
Section 20-60(c) of the Code.
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.