3 AAC 109.540 - Contract amendments

(a) The procurement officer may amend a contract or purchase order if the contract includes clauses or terms that allow for and anticipate change orders, additional work, changes in scope, price adjustments, follow-up phases of work, or renewals consistent with the original scope and estimates of term and price documented with the source selection method used in the award.

(b) The procurement officer may amend a contract or purchase order when there is an unanticipated change in work beyond the estimated or actual contract price, term, or scope, if

(1) the solicitation was conducted following the small procurement procedures under 3 AAC 109.460, the amendment or change order, or cumulative contract amendments or change orders, wiII not cause the total contract amount, as amended, to exceed by 50 percent or more the original contract price, and the new total price of the contract, including all change orders and amendments, does not exceed the dollar limit for small procurements under 3 AAC 109.460; or

(2) the original contract is greater than $ 100,000, and the amount of the unanticipated amendment or change order, or cumulative unanticipated contract amendments or change orders, will be less than 20 percent of the original contract amount, including any anticipated amendments or contract adjustments.

(c) Before issuing an amendment that exceeds the dollar limits in (b)(1) or (2) of this section, the chief procurement officer shall provide a written determination required under 3 AAC 109 .490(a)(4) or (5).

(d) The procurement officer shall obtain cost and pricing data in accordance with 3 AAC 109.560 from the contractor to confirm the price adjustment is fair and reasonable. The authority's controller, or the controller's designee, must certify that there are sufficient funds to pay for any increase in price before issuing an amendment.

Notes

3 AAC 109.540

Eff. 7/10/2015, Register 215, October 2015

Authority:AS 44.83.080