Department of Corrections and Rehabilitation - Operations Manual

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Chapter 2 – Fiscal Management

Article 13 – Contracts

Revised July 30, 2010

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22040.9 Amendments

  • An executed contract cannot be changed except by formal amendment. An amendment is required when any of the following proposed changes to an executed contract are required:

    • Change in the scope of work.

    • Change in contract term (if original contract allowed for an extension).

    • Increase or decrease in total funding for any one fiscal year.

    • Salary increases over 15% of the budgeted high salary range.

    • Increase in the total Personnel category greater than 15%.

  • If a contract needs to be amended, the original PReq must be amended to reflect the changes in SAP by the responsible program. The responsible program shall prepare and provide all required documents by attaching them to the PReq in SAP. Amendments must be requested to allow sufficient time for processing, as detailed in the OBSOffice of Business Services Contracting Guidelines.

  • A contract that has expired or been terminated cannot be amended.

  • Both contracting parties shall approve contract amendments. If the original contract required DGSDepartment of General Services approval the amendment shall also require DGSDepartment of General Services approval, except, to extend the original contract term for a period of one year or less.

  • A NCB may be required to amend a contract under the following circumstances:

    • If the original contract was let via the NCB process.

    • The amendment changes the scope of work.

    • The amendment increases the dollar amount by 30% or more of the original contract amount, not to exceed $250,000, and there is no change to the scope of work.

    • The amendment extends the term of the contract and adds money.

  • The date of the amendment shall be prior to the expiration date of the original contract.

  • A budget change between line items does not require a contract amendment if the change:

    • Is 15 percent or less of the total amount of the contract or such other percentage as specified in the contract.

    • Does not increase the total amount of the contract.

    • Does not significantly modify the original intent of the contract.

  • The amendment will clearly state all changes to the original contract and incorporate any changed exhibits or attachments.