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OPBC Oregon Procurement Basic Certificate > Amendments and Change Order > Flashcards

Amendments and Change Order Flashcards

1
Q

Definition
A forma, written modification to the terms and conditions of a contract

A

Amendment

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2
Q

Definition
An Agency’s ability to expend funds approved within the Legislatively adopted budget

A

Budgetary Authority

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3
Q

Definition
A negotiated change in the contracted work that must remain within the general scope of a contract

A

Change Order

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4
Q

Definition
An Agency’s (individual’s) authority to commit or financially obligate the Agency/ State to a contract

A

Commitment of Funds
(Procurement Authority)

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5
Q

Definition
The ability to authorize an expenditure of state funds (pay) by review, approval , and signature of a claim or authorization document

A

Expenditure Decision Authority

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6
Q

Definition
The Attorney General, through Assistant Attorneys General, provides _______________ approval to determine compliance with OAR-137-045-0015

A

Legal Sufficiency

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7
Q

Definition
Mean a project for construction, reconstruction or major renovation on real property by or for a contracting agency

A

Public Improvement

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8
Q

Definition
Work that should be regarded as fairly and reasonably within the contemplation of the parties when the contract was entered into

A

Scope of Work

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9
Q

An Amendment is a formal, written modification to the ______________of a contract.
A. Terms and Conditions
B. Scope
C. Solicitation
D. Protest Requirements

A

A. Terms and Conditions

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10
Q

One of the restrictions to the use of an Amendment is the Amendment must be within the ____________of the original procurement.
A. Scope
B. Terms and Conditions
C. Legal sufficiency
D. Cost

A

A. Scope

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11
Q

Which of the following statements apply for amending an intermediate procurement?
A. Approval required if cumulative value of original contract price and all amendments exceed $150, 000
B. Cumulative amendments must not increase the total contract price to a sum greater than $125,000
C. You cannot amend an intermediate procurement
D. Approval required if outside the scope of the original contract

A

A. Approval required if cumulative value of original contract price and all amendments exceed $150, 000

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12
Q

True or False: Amending a small procurement is not allowed under any circumstance.

A

FALSE

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13
Q

TRUE or FALSE: All amendments must receive all required approvals before:
-It becomes binding on the Authorized Agency
-Any service may be performed
-Any payment is made

A

TRUE

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14
Q

True or False: Before a Public Contract is biding in the State of Oregon, and before any service may be performed or payment may be made under the Public Contract, the Attorney General must approve for legal sufficiency an amendment to a Public Contract providing for payment in excess of $150,000

A

TRUE

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15
Q

A change order,or changes to the scope of work, is a change in the ______________ within the general scope of a contract.
A. Contracted work
B. Terms and Conditions
C. Assigned Personnel
D. Fiscal controls

A

A. Contracted work

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16
Q

True or False:
Contract administrators may only use a change order if the contract provisions allow for it

A

TRUE

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17
Q

If at any point a change order, or the aggregate of change orders, causes the value of the original contract and all amendments to exceed __________________, the agency must execute an amendment to the original contract.
A. $150,000
B. $250,000
C. $12,500
D. $500,000

A

c IS INCORRECT

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18
Q

Contracting Agencies shall include change provisions in all Public Improvement Contracts that:
A. Detail the scope of the changes clause
B. Provide Pricing Mechanisms
C. Authorize he Contracting Agency or its authorized representatives to issue Changes to the Work
D. All of the above

A

D. All of the above

19
Q

True or False:
A contract administrator, working within a program area outside of the agency’s procurement organization, must coordinate the procurement to initiate a formal change to the contract

A

TRUE

20
Q

A change order, or changes to the scope of work, is a change in the _______________________within the general scope of a contract.
A. Contracted work
B. Terms and Conditions
C. Assigned personnel
D. Fiscal controls

A

A. Contracted work

21
Q

True or False: The ORS and OAR require State agencies to use approved Solicitation Document templates, Contract forms or Contract templates for amendments to Contracts, Change Orders, Purchase Orders and other Ordering Instruments issued under Contracts.

A

TRUE

22
Q

Contracting Agencies shall include change provisions in all Public Improvement Contracts that:
A. Detail the scope of the changes clause
B. Provide Pricing Mechanism
C. Authorize the Contracting Agency or its authorized representatives to issue Changes to the Work
D. All of the above

A

D. All of the above

23
Q

True or False: The Attorney General exempts from legal sufficiency approval, written orders to a Public Improvement Contract.

A

TRUE

24
Q

TRUE or FALSE: Contract administrators may only use a change order if they contract provisions allow for it.

A

TRUE

25
Q

True or False: Amendment is NOT a new procurement

A

TRUE

26
Q

Agency may amend a contract without additional competition when:
A. It is within the scope of the original contract
B. The agency is otherwise permitted to award without competition
C. It is required to comply with changes in law
D. Small or intermediate contracts
E. Price Agreements
F. All of the above

A

F. All of the above

27
Q

TRUE o FALSE: The Attorney General must approve for legal sufficiency any Public Contract calling for or providing payment in excess of $150,000.

A

TRUE

28
Q

TRUE o FALSE: The Attorney General must approve for legal sufficiency an Amendment to a Public Contract calling for or providing for payment in excess of $150,000.

A

TRUE

29
Q

TRUE o FALSE: The Attorney General must approve for legal sufficiency an Amendment that makes the amended Public Contract subject to legal sufficiency approval. In other words a contract which was originally below the threshold now is above the threshold due to the added expense of the amendment

A

TRUE

30
Q

True or False: Legal Sufficiency exemption exist for amendments to Contracts other the Public Improvements if the original Contract was previously approved for legal sufficiency.

A

TRUE

31
Q

True or False: Legal Sufficiency exemption exist for amendments to Contracts other the Public Improvements if the Amendments modified the Statement of Work

A

True

32
Q

True or False: Legal Sufficiency exemption exist for amendments to Contracts other the Public Improvements if the Amendments modifies expiration date of the Public Contract.

A

TRUE

33
Q

True or False: Legal Sufficiency exemption exist for amendments to Contracts other the Public Improvements if the Amendments modifies Technical Specifications.

A

TRUE

34
Q

True or False: Legal Sufficiency exemption exist for amendments to Contracts other the Public Improvements if the Amendments modifies any provisions specified in writing at the time of legal sufficiency approval.

A

TRUE

35
Q

TRUE or FALSE: All amendments must be signed by the authorized representatives for all parties.

A

TRUE

36
Q

You must obtain prior Written approval by the DPO/CPO id the cumulative value of the original contract Price AND all amendments exceeds$150,000 or 125%.

A

TRUE

37
Q

True or False: The DPO, CPO or delegate must determine and document the proposed amendment is not a material change AND does not constitute a new undertaking.

A

TRUE

38
Q

How to Execute An Amendment:

A
  1. Review the DAS and DOJ advice submitted
  2. Verify the Contract Administrator has read & understands advice & recommendations
  3. Sign a statement acknowledging review of advice
39
Q

What is s Change Order?

A
  1. A Change Order is generally used in construction and Public Improvement Projects
  2. A change in the contracted work must remain within the general scope of a contract
  3. A Change Order can change tasks, standards, or methods
  4. An agency must establish fiscal controls to ensure changes are managed according to contract requirements
40
Q

True or False: Contract Administrator may only use a change order if contract provisions allow for it.

A

TRUE

41
Q

True of False: A Contract Administrator, working with a program area outside of their agency’s procurement organization, must coordinate with the procurement professional.

A

TRUE

42
Q

Public Improvement Contract Change Order Exemption from Legal Sufficiency Approval if and when:
1. Contract was approved for Legal Sufficiency
2. Change Order is within the general scope
3. Change Order is implemented in accordance with the contract provisions governing Change Orders
4. Any increase in agency contract payments does not exceed: a)10% of the total amount of agency payments scheduled, b) aggregate increase in agency payments doe no exceed 33%
5. Contract Manager/ General Contractor contract
6. Design Build contract during the construction phase

A

Public Improvement Contract Change Order Exemption from Legal Sufficiency Approval if and when:
1. Contract was approved for Legal Sufficiency
2. Change Order is within the general scope
3. Change Order is implemented in accordance with the contract provisions governing Change Orders
4. Any increase in agency contract payments does not exceed: a)10% of the total amount of agency payments scheduled, b) aggregate increase in agency payments doe no exceed 33%
5. Contract Manager/ General Contractor contract
6. Design Build contract during the construction phase

43
Q

If a contract is to be terminated for default before the delivery date is called ___________

A

Notice to cure= Default notice= Breach of contract
Must be documented well
Possible litigation

44
Q
A

OPBC Oregon Procurement Basic Certificate (13 decks)

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