Or. Admin. Code § 731-146-0200 - Amendments to Public Contracts

(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.

Notes

Or. Admin. Code § 731-146-0200

DOT 1-2019, adopt filed 02/21/2019, effective 2/21/2019

Statutory/Other Authority: ORS 184.619, 279A.065 & 279A.070

Statutes/Other Implemented: ORS 279A.050(3), 279A.065(6) & 279A.070