Professional Service Contracts Training
There are two types of amendments, anticipated and unanticipated.
Anticipated amendments are amendments which are foreseen at the time of procurement. To qualify as an anticipated amendment, the RFP or solicitation must have advised offerers or bidders of the potential of an amendment, the contract or agreement must have referenced the potential amendment, and the amendment must be within the scope of the original contract or agreement. You must make a determination in writing that the estimated requirements covered by the contract are reasonably firm and continuing; and the contract will serve the best interests of the state by encouraging effective competition or otherwise promoting economies in state procurement.
Unanticipated amendments are unforeseen at the time of procurement. The amendments must meet the following criteria:
Legitimacy: A legitimate change is due to unforeseen circumstances or predicaments which occur as work progresses. The reasons for the change must have been unforeseen at the time of contract and not be an attempt to evade the procurement statutes.
Scope: The work must be within the scope of the original contract.
Contract Clauses: Does the contract contain clauses authorizing modification? Such clauses may not be so broadly read as to negate the statutory requirement for competition.
Extent: No important general change may be made which alters the essential identity or main purpose of the original contract or is of such importance as to constitute a new undertaking.
A contract amendment is required for the following:
- to exercise a renewal option (the original RFP and contract must have stated this option)
- if the scope of services to be performed is changed or modified
- if the period of performance is extended. (The amendment must be signed before the contract expires.)
- if you wish to increase the dollar amount of the original contract.
Contracts may be amended within the scope of the original contract by the lesser of twenty percent (20%) or $50,000.00. For amendments over the twenty percent (20%) or $50,000.00, a RAP is required.
Important Helpful Hint:
Unless you amend a contract before its expiration date, the contract is no longer valid and the contractor must cease work immediately. It is an intentional violation of the procurement laws to knowingly allow a contractor to continue working on a contract which has expired.