| Authority/Reference(s) | |
|---|---|
| Revision Date | September 3, 2024 |
Policy
A contract amendment is a written change to the contract. At any point during the life of the contract, Department of Family and Protective Services (DFPS) or the contractor may need to change a contract. Contract staff can modify the contract by executing a bilateral or unilateral amendment. DFPS must approve all changes to the contract.
The procurement and contract documents serve as a guide to determine if a change is allowable. To initiate a change to a contract, contract staff review the procurement document to determine if the change is within the scope of the procurement. This may require collaboration between Health and Human Services-Procurement and Contracting Services (HHS-PCS), Contracts Legal, Contract Oversight and Support (COS), and contracting leadership. If the contract change is allowable, contract staff determines whether the change requires a bilateral or unilateral amendment.
A contract change must not alter the scope of the original procurement. If a change may alter the scope, contract staff must consult with contracting leadership and Contracts Legal. If the contract change alters the original scope, a new procurement is required.
An amendment cannot be retroactive without legal approval, for example:
- Provide new or additional services not described in the original procurement;
- Provide services in geographic areas not defined in the original procurement; or,
- Extend beyond the base term established in the original procurement (see Contract Extensions).