Current through Register Vol. 63, No. 3, March 1, 2024
(1) For
Procurements under OAR 291-159-0010(2)(b) and (2)(c), see OAR Chapter 125,
Divisions 246, 247, 248, and 249.
(2) For Procurements under OAR
291-159-0010(1)(a), DOC may amend a Contract without additional competition in
any of the following circumstances:
(a) The
amendment is within the scope of the Procurement as described in the
Solicitation Document, if any, or if no Solicitation Document, as described in
the sole source notice or the approved Special Procurement, if any, or in the
absence of any of the preceding, the amendment is within the scope of the
Contract. An amendment is not within the scope of the Procurement if DOC
determines that if it had described in the Procurement the changes to be made
by the amendment, it would likely have increased competition or affected the
Award of the Contract.
(b) These
Division 159 rules otherwise permit DOC to award a Contract without competition
for the Goods or Services to be procured under the amendment.
(c) The amendment is necessary to comply with
a change in law that affects performance of the Contract.
(d) The amendment results from renegotiation
of the terms and conditions, not exclusive to Contract price, of a Contract and
the amendment is advantageous to DOC, 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 unamended Contract.
(B) DOC determines that, with all things
considered, the amended Contract is at least as favorable to DOC as the
unamended Contract.
(C) The amended
Contract does not have a total term greater than allowed in the Solicitation
Document, if any, or if no Solicitation Document, as described in the sole
source notice or the approved Special Procurement, if any, after combining the
initial and extended terms. For example, a one-year Contract described as
renewable each year for up to four additional years, may be renegotiated as a
two to five-year Contract, but not beyond a total of five years.
(3) Contracts from
Small or Intermediate Procurements. DOC may amend a Contract awarded as a Small
or Intermediate Procurement pursuant to section (2) of this rule, provided that
the total increase in price does not exceed the amount set forth in OAR
137-047-0265 for small Procurements or 137-047-0270 for intermediate
Procurements.
(4) Price Agreements.
DOC may amend a Price Agreement as follows:
(a) As permitted by the Price
Agreement;
(b) For Price Agreements
subject to ORS Chapter 279B, if the circumstances set forth in ORS
279B.140(2)
exist; or
(c) As permitted by
applicable law.
Statutory/Other Authority: ORS
179.040,
279A.050(6)(h)
- (6)(i), 279A.065, 279A.070
Statutes/Other Implemented: ORS
179.040,
279A.050(6)(h)
- (6)(i), 279A.065, 279A.070
