Current through Register Vol. 63, No. 3, March 1, 2024
(1) Generally. DOC
may amend a Contract without additional competition in any of the following
circumstances:
(a) The amendment is within the
scope of:
(A) The Solicitation Document or
other document inviting participation in procurements, if any;
(B) The sole-source notice or the specialty
procurement, if any; or
(C) In the
absence of any of the preceding, the Contract.
(b) These Division 160 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 un-amended Contract;
(B)
DOC determines that, with all things considered, the amended Contract is at
least as favorable to DOC as the unamended Contract; and
(C) The amended Contract does not have a
total term greater than allowed in the Solicitation Document or other document
inviting participation in procurements, if any, or if no Solicitation
Documents, as described in the applicable specialty rule, 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.
(2) For
purposes of section (1) of this rule, an amendment is not within the scope of a
Solicitation Document, other document inviting participation in procurements, a
sole-source notice, specialty procurement, or a Contract if DOC determines that
the changes contained in the amendment, had they been described in those
procurement documents, would likely have increased competition or affected the
award of the Contract.
(3)
Contracts from Small Procurements. DOC may amend a Contract Awarded as a small
procurement pursuant to section (1) of this rule, provided that the total
increase in price does not exceed the amount set forth in OAR 291-1600280 for
small procurements. DOC may amend a Contract Awarded as a small procurement
regardless of the dollar amount of the amendment as provided in subsection
(1)(b) of this rule.
(4) Price
Agreements. DOC may amend a Price Agreement as follows:
(a) As permitted by the Price
Agreement;
(b) If DOC fails to
receive funding, appropriations, limitations, allotments or other expenditure
authority, including the continuation of program operation authority,
sufficient, as determined in the discretion of DOC, to sustain purchases at the
levels contemplated at the time of contracting;
(c) Due to any change in law, program
termination, or facility closure that makes purchases under the Price Agreement
no longer authorized or appropriate for DOC's use; or
(d) As otherwise permitted by applicable
law.
Statutory/Other Authority: ORS
179.040,
421.438,
423.020,
423.030,
423.075
Statutes/Other Implemented: ORS
179.040,
421.438,
423.020,
423.030,
423.075
