(1) Generally: The Lottery may amend a Contract if the Lottery determines that it is in the Lottery’s best interests to do so, subject to the following:
- (a) Scope: The amended Contract is within the scope and attributes of the Goods and Services described in the Solicitation Document, or if no Solicitation Document was issued for the Contract, consistent with the authority under which the Contract was formed; and
- (b) Favorability: The Lottery determines that, with all things considered, the amended Contract is at least as favorable to the Lottery as the original Contract.
- (2) Small or Intermediate Contract Amendments: The cumulative amendments to a Contract arising out of a Small Procurement must not increase the total Contract Price to an amount greater than one hundred twenty five percent of the maximum threshold for a Small Procurement under OAR 177-038-0070(5)(a) unless the Senior Procurement Manager approves in writing a greater amount. The cumulative amendments to a Contract arising out of an Intermediate Procurement must not increase the total Contract Price to an amount greater than one hundred twenty five percent of the maximum threshold for a Contract arising out of an Intermediate Procurement under OAR 177-038-0070(5)(b) unless the Senior Procurement Manager approves in writing a greater amount.
Statutory/Other Authority
ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented
ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
History
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018