Current through Register Vol. 63, No. 12, December 1, 2024
(1) Application. This rule applies to
procurements processed under OAR 731-147 and OAR 731-148.
(2) Generally. ODOT may amend a Public
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 Documents, if any, or if no
Solicitation Documents, 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 Public Contract. An amendment is not
within the scope of the Procurement if ODOT 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 Public
Contract.
(b) These Rules otherwise
permit ODOT to Award a Public 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 Public Contract.
(d) The amendment results from renegotiation
of the terms and conditions, including the Contract Price, of a Public Contract
and the amendment is advantageous to ODOT, subject to all of the following
conditions:
(A) The goods or services to be
provided under the amended Public Contract are the same as the goods or
services to be provided under the un-amended Public Contract.
(B) ODOT determines that, with all things
considered, the amended Public Contract is at least as favorable to ODOT as the
un-amended Public Contract.
(C) The
amended Public Contract does not have a total term greater than allowed in the
Solicitation Documents, if any, or if no Solicitation Documents, 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 Public
Contract described as renewable each year for up to four additional years, may
be renegotiated as a two to five-year Public Contract, but not beyond a total
of five years.
(3) Public Contracts from Small or
Intermediate Procurements. ODOT may amend a Public Contract Awarded as a small
or intermediate Procurement pursuant to section (1) 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) Contracts from
Direct Appointment, Small Purchase, or Informal Selection Procedures. ODOT may
amend a Public Contract Awarded as a direct appointment, small purchase, or
informal selection pursuant to section (2) of this rule, provided that the
total increase in price does not exceed the amount set forth in OAR
731-148-0200(b) for direct appointments (small estimated fee), OAR 731-148-0205 for small purchases or OAR 731-148-0210 for informal selection procedure
Procurements.
(5) Price Agreements.
ODOT may amend a Price Agreement as follows:
(a) As permitted by the Price
Agreement;
(b) For Price Agreements
subject to ORS 279B, if the circumstances set forth in ORS
279B.140(2)
exist; or
(c) As permitted by
applicable law.
Statutory/Other Authority: ORS
184.619,
279A.065 & 279A.070
Statutes/Other Implemented: ORS
279A.050(3),
279A.065(6)
& 279A.070
