Section 290.1210  Renewals, Amendments or Cancellations

a)         Renewals, amendments or cancellations must be signed two-party agreements, unless otherwise provided in the original contract.  For example, if an existing contract is to be renewed for the next fiscal year, the renewal must be in writing and signed by both parties, unless the contract gives the State the right to renew unilaterally.  All renewals, amendments or cancellations must be filed with the Comptroller.

b)         All individuals employed by the State who are authorized by the State to approve changes to public contracts must, before granting such approval, obtain a determination in writing by the chief executive officer or his designee, of the State agency on whose behalf the contract was signed, that the circumstances said to necessitate the change in performance were not reasonably foreseeable at the time the contract was signed, were not within the contemplation of the contract as signed or are in the best interests of the unit of State or local government and authorized by law.  Such written determination shall be preserved in such contract's permanent file maintained by the State agency which shall be open to the public for inspection.  This provision shall only apply to change orders which authorize or necessitate an increase or decrease in either the cost of a public contract by $10,000 or more or the time of completion by 30 days or more.  For the purposes of this Section "public contract" means a contract for goods, services or construction with a vendor other than a unit of State or local government.

(Source:  Amended at 14 Ill. Reg. 5757, effective April 5, 1990)