What is an Amendment?
An Amendment is a written modification to the terms and conditions of a contract. An Amendment requires mutual agreement between the agency and the contractor. An Amendment can add, remove or update the terms and conditions of a contract, provided the Amendment is within the general scope of the original procurement.
When to use Amendments
An agency may amend a contract without additional competition in any of the following circumstances:
- The Amendment is within the scope of the original procurement. If an agency determines that the changes resulting from an amended contract would likely have increased competition or affected award of the original contract, then the Amendment is not within the scope of the original procurement.
- The agency is otherwise permitted to award a contract without competition for the products or services to be procured under the Amendment.
- The Amendment is required to comply with changes in law that impact the contract terms and conditions.
Amendments that are within the parameters of the scope of work of the original procurement are not considered to be new procurements. Therefore, an agency is not required to seek an exemption from a competitive solicitation to add components or phases of work specified in or reasonably implied in the original solicitation document. The following table describes the requirements for amending a contract within each of the procurement types available to an agency.
||Cumulative amendments must not increase the total contract price to a sum greater than $12,500.|
May not increase the total contract price to greater than 125% of the $10,000 threshold.
||DOJ approval required if cumulative value of original contract price and all Amendments exceed $150,000 or 125% of the original contract price, whichever is greater.|
|Sole Source Procurement
||No additional competition required if Amendment is within the scope described in solicitation documents, Sole Source notice or the approved Special Procurement.|
||Allowed if the emergency justification for entering into the contract still exists, and the Amendment is necessary to address the continuing emergency.|
||Dependent on the procurement method approved, and any conditions stipulated, by the State Chief Procurement Officer (State CPO) and consistent with the agency's Special Procurement requested by the agency Designated Procurement Officer (DPO). For additional information on a particular Special Procurement, contact DAS Procurement Services.|
|Competitive Sealed Bidding
||DOJ approval required if cumulative value of original contract price and all Amendments exceed $150,000 or 125% of the original contract, whichever is greater.|
|Competitive Sealed Proposals
||Approval required if cumulative value of original contract price and all Amendments exceed $150,000 or 125% of the original contract, whichever is greater.|
||May amend according to the procurement method used to conduct the Cooperative Procurement.|
How to execute Amendments
An agency must execute a contract amendment following the requirements applicable to the procurement process used in the initial solicitation.
The Amendment process is described in the following table:
|Initiate Amendment process
This process will send the request for the Amendment to the appropriate procurement representative for processing depending on agency authority.
- Is the contract administered by the agency?
- If yes, create draft contract amendment.
- If no, complete a Client Initiated Amendment in ORPIN or, if no access to ORPIN, submit a Contract Services Request to DAS.
||Depending on its authority, either the agency or the DAS procurement representative will draft the Amendment using the appropriate template.|
|Submit Amendment to DPO or State CPO for written approval
- Submit the Amendment to the DPO or State CPO (depending on agency authority) for review and approval, if the cumulative value of the original contract price and all amendments exceeds $150,000, or 125% of the original contract price, whichever is greater.
Note: This step is not required if the solicitation documents and the contract contains a provision for future amendments (for example, phased work, expected future developments, or other provisions). Procurement representatives should note that the standard templates do not contain this language.
- The DPO, State CPO or their respective delegate must document that the proposed Amendment:
- is not a material change to the original contract.
- does not constitute a new undertaking that should result in a new procurement.
|Submit Amendment to contractor for review and signature
||Submit the approved amendment to the contractor for review and signature. |
Note: if the contractor finds an issue with the Amendment, the procurement representative will need to work with the contract administrator and the contractor to address the issue, edit the Amendment accordingly and resubmit it to the contractor for signature.
|Submit Amendment to authorized representative for the contract
||Submit the contract signed Amendment to the agency or DAS representative for contract signature (depending on the agency authority).|
|Update procurement file
- File documentation of the Amendment in the contract file, including at minimum:
- DPO or delegate assertion that Amendment is not a material change to the original contract and does not constitute a new undertaking that should result in a new procurement.
- Contract Amendment.
|Conduct legal sufficiency review, if applicable
||If at any point the value of the original contract and all Amendments exceed $150,000, the agency must submit the original contract and all Amendments to the Attorney General for the required legal sufficiency review.|