Or. Admin. Code § 736-147-0070 - Reinstatement of Expired or Terminated Contracts

(1) If OPRD enters into a contract for goods or services and that contract subsequently expires or is terminated, OPRD may reinstate the contract subject to the following:

(a) The type or aggregated value (including all amendments) of the contract, after reinstatement, falls under OPRD procurement authority in accordance with law, the Department of Justice Model Rules and these rules;

(b) OPRD may reinstate and amend for time only;

(c) The purpose must be for:

(A) Fulfillment of its term, up to the maximum time period provided in the contract; or

(B) Completion of a deliverable, provided:

(i) The deliverable, including but not limited to goods, services, or work, was defined in the contract as having a completion date or event; and

(ii) OPRD documents the uncompleted work as of the date of the reinstatement of the expired contract in the procurement file.

(d) The expired or terminated contract was previously properly executed; and

(e) The failure to extend or renew the contract in a timely manner was due to unforeseen circumstances, unavoidable conditions or any other occurrence outside the reasonable control of OPRD or the contracting party.

(2) If the type or aggregated value (including all amendments) of the contract after reinstatement will exceed OPRD's procurement authority, then OPRD may reinstate and amend for time only, and OPRD must submit a written justification demonstrating the satisfaction of the requirements for reinstatement, as set forth in subsections (1)(a)-(e) of this rule.

(3) OPRD may amend an expired contract for time only in accordance with section (1) of this rule. OPRD may amend the contract purposes other than time in accordance with OAR 137-047-0800.

(4) If OPRD reinstates and amends an expired contract for time, pursuant to this rule, OPRD may compensate the contracting party for work performed in the interim between the expiration of the original contract and the effective date of the reinstatement and amendment.

(5) Once a contract is reinstated, it is in full force and effect as if it had not expired or terminated.

Notes

Or. Admin. Code § 736-147-0070

PRD 13-2008, f. & cert. ef. 12-15-08; PRD 17-2009, f. & cert. ef. 12-4-09

Stat. Auth.: ORS 279A.065(5)(a), 279A.070

Stats. Implemented: ORS 279A