Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart I - CONTRACTS › Section 1.2067 - Contract Amendments and Change Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a) Contract amendments memorialize actions
				authorized by specific language in the contract (e.g., exercise of an option or
				showing price decrease or increase based on CPI) or memorialize non-material
				changes (e.g., change in names of notice contacts or number of periodic status
				meetings).
b) Change Orders
1) A change order is defined in Section
				1.15.
				Renewals, change of a vendor's name, and orders against master contracts are
				not change orders.
2) Change orders
				that increase or decrease the cost of a contract or an estimated contract by a
				total of $10,000 or more, or the time of completion by a total of 30 days or
				more, must be accompanied by a written determination that includes a statement
that
:
the circumstances said to necessitate the change
				in performance were not reasonably foreseeable at the time the contract was
				signed; the change is germane to the original contract as signed; or the change
				order is in the best interest of the State.
[720 ILCS 5/33E-9 ]
				Agencies may not divide change orders into smaller parts to avoid requirements
				for written determinations or publication.
3) A change order shall be executed by the
				State agency and vendor evidencing the change. All changes that require a
				written determination as provided in subsection (b)(2) shall be approved by the
				SPO. Change orders that increase the cost of a contract or an estimated
				contract by a total of $10,000 or more or the time of completion by more than
				30 days shall be published on the Bulletin, pursuant to Section 15-25 of the
				Code and documented pursuant to Section 33E-9 of the Criminal Code of 2012 [720
				ILCS 5 ], in advance of execution of the change order. Although use of
				emergency contracting is discouraged, if exigent circumstances require contract
				execution prior to publication on the Bulletin (e.g., emergency salt purchases
				on a holiday), emergency contracting is permitted pursuant to Section 20-30 of
				the Code.
4) A change order to a
				contract for professional or artistic services may not:
A) result in an increase in the amount paid
				under the contract by more than 5% of the initial award; or
B) extend the contract term beyond the time
				reasonably needed for a competitive procurement by more than two
				months.
5) The total
				contract term, including the initial term, renewals, extensions and change
				orders shall not exceed 10 years. Any change order that would extend the total
				term beyond 10 years is void. Any continuing need for supplies and services
				must be procured using one of the methods of source selection authorized by the
				Code and this Part.
6) Prior to
				executing a change order with a cost estimated to exceed $249,999, the proposed
				change order must be submitted to PPB. The PPB shall have up to 14 days to
				review and comment on the change order. The SPO assigned to the State agency
				may request a waiver of the review for reasons set forth in Section 20-60(c) of
				the Code.