OEBB may amend a Contract without additional competition in any of the following circumstances:

1. (1) The amendment is within the scope of the underlying Procurement.
2. (2) These rules otherwise permit OEBB to award a Contract without competition for the goods or services to be procured under the amendment.
3. (3) The amendment is necessary to comply with a change in law that affects performance of the Contract.

4. (4) The amendment results from renegotiation of the terms and conditions, including the contract price, of a Contract and the amendment is advantageous to OEBB, subject to all of the following conditions:

   1. (a) The work or services to be provided under the amended Contract are the same as the work or services to be provided under the unamended Contract.
   2. (b) OEBB determines that the amended Contract is at least as favorable to OEBB as the unamended Contract.
   3. (c) The amended Contract does not have a total term greater than allowed in the underlying Procurement after combining the initial and extended terms.

Statutory/Other Authority

ORS 243.860 - 243.886

Statutes/Other Implemented

ORS 243.864

History

OEBB 8-2016, f. & cert. ef. 10-26-16
OEBB 3-2016, f. & cert. ef. 10-6-16
OEBB 1-2016(Temp), f. & cert. ef. 6-10-16 thru 12-6-16
OEBB 10-2011, f. & cert. ef. 5-3-11
OEBB 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-10-11