OAR 125-247-0805
Amendments to Contracts and Price Agreements

(1) See OAR 137-047-0800 (Amendments to Contracts and Price Agreements).

(2) Regardless of OAR 137-047-0800 (Amendments to Contracts and Price Agreements), Authorized Agencies must comply with the following provisions:

(a) Authority. All Amendments to Contracts must be signed by the authorized representatives of the parties to the Contracts, except that Amendments to Ordering Instruments may be accepted by the action of the Provider in accordance with the terms and conditions of the Ordering Instruments. All Amendments must receive all required approvals before the Amendments become binding on the Authorized Agency and before any service may be performed or payment made, including but not limited to the Department of Justice legal sufficiency review according to ORS 291.047 (Public contract approval by Attorney General).

(b) Approval.

(A) For a Contract Awarded as an Intermediate Procurement pursuant to ORS 279B.070 (Intermediate procurements), if the cumulative value of the original Contract Price and all Amendments exceeds $150,000, or one hundred twenty-five percent (125%) of the original Contract Price, whichever is greater, then the Authorized Agency must request and obtain the prior approval of a Special Procurement in accordance with OAR 125-247-0287 (Special Procurements; Request Procedures).

(B) For a Contract Awarded through Competitive Sealed Bidding pursuant to ORS 279B.055 (Competitive sealed bidding), or through Competitive Sealed Proposals pursuant to ORS 279B.060 (Competitive sealed proposals), if the cumulative value of the original Contract Price and all Amendments exceeds one hundred twenty-five percent (125%) of the original Contract Price, then the Authorized Agency must obtain the prior Written approval of the State Chief Procurement Officer or delegate.

(C) The Designated Procurement Officer or delegate, or the State Chief Procurement Officer or delegate, must determine and document that the proposed Amendment:

(i) Is not a material change of the essential identity or main purpose of the Original Contract; and

(ii) Does not constitute a new undertaking that should result in a new Procurement. The determination and approval must be included in the Procurement File.

(A) According to ORS 279B.055 (Competitive sealed bidding), 279B.060 (Competitive sealed proposals), 279B.065 (Small procurements), 279B.070 (Intermediate procurements), 279B.075 (Sole-source procurements), 279B.080 (Emergency procurements), 279B.085 (Special procurements), or 279A.200 (Definitions for ORS 279A.200 to 279A.225) through 279A.220 (Interstate cooperative procurements); or

(B) Other statutory law.

(d) Price Agreements. The Department or its delegate may amend a Price Agreement as permitted by the Price Agreement or applicable law.

(e) Intermediate Procurement. See OAR 125-247-0270 (Intermediate Procurements).

(f) Emergency Procurement. See OAR 125-247-0280 (Emergency Procurements).

(g) Small Procurement. See OAR 125-247-0265 (Small Procurements).

Source: Rule 125-247-0805 — Amendments to Contracts and Price Agreements, https://secure.sos.state.or.us/oard/view.action?ruleNumber=125-247-0805.

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

OAR 125-247-0805 Amendments to Contracts and Price Agreements

OAR 125-247-0805
Amendments to Contracts and Price Agreements