(1) Generally: The department may amend a contract if it determines it is in the department’s best interests, 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 department determines, with all things considered, the amended contract is at least as favorable to the department as the original contract.
- (2) Changes Provisions. Changes to the work are anticipated in construction and, accordingly, the department shall include changes provisions in all public contracts that detail the scope of the changes clause, provide pricing mechanisms, authorize the department or its authorized representatives to issue changes to the work and provide a procedure for addressing contractor claims for additional time or compensation. When changes to the work are agreed to or issued consistent with the contract’s changes provisions they are not considered to be new procurements and may be issued by the department.
- (3) Authority to Change Work. The department has the authority to authorize Changes to the Work, with such changes limited by the definition of that term.
Statutory/Other Authority
ORS 279.025(3)(k)
Statutes/Other Implemented
ORS 279.025(3)(k)
History
PRD 2-2026, temporary adopt filed 04/23/2026, effective 04/24/2026 through 10/19/2026