OAR 125-246-0570
Reinstatement of Expired Contract; Retroactive Approval of Existing Contract


(1)

Application. This Rule applies to the reinstatement of expired or terminated Contracts (expired Contracts) and the retroactive approval of existing Contracts procured by Authorized Agencies for Supplies and Services and for Architectural, Engineering and Land Surveying Services or Related Services (“Contracts”). This Rule does not apply to mistakes that may occur in the solicitation process (see OAR 125-247-0470 (Mistakes)).

(2)

Requirements to Reinstate an Expired Contract.

(a)

Before expiration, the Contract was properly signed by all parties;

(b)

Then the signed Contract expired;

(c)

The Agency reinstates the Contract:

(A)

To fulfill its term, up to the maximum time period provided in the Contract or Solicitation; or

(B)

To complete one or more deliverable(s) included within the Contract’s Scope at the time of its expiration;

(d)

The Agency documents in the Procurement File the deliverable(s) to be completed at the time of the expired Contract’s reinstatement; and

(e)

If the Contractor has performed work under the Contract, the reinstatement does not apply to payments made for work performed between the expiration of the Contract and the date of any reinstatement.

(3)

Requirements to Retroactively Approve an Existing Contract.

(a)

The Contract exists and has not expired;

(b)

The Contract was signed by all parties except that the required approval of the DPO or CPO was lacking;

(c)

If the Contractor has performed work under the Contract, the retroactive approval does not apply to payments made for work performed between the start of the Contract and the date of any retroactive approval.

(4)

Process. For either a reinstatement of an expired Contract or retroactive approval of an existing Contract, the requesting Agency must meet the following conditions:

(a)

The Agency must submit a Written request to the Agency’s Designated Procurement Officer (DPO) if the Agency is authorized under OAR 125-246-0170 (Delegation of Authority), or if not, to the Chief Procurement Officer (CPO) with authority under 125-246-0170 (Delegation of Authority) (Request). If the Request is submitted to the DPO, the Agency must also follow its internal procedures.

(b)

The Request must explain the following:

(A)

The proposed reinstatement of the expired Contract or retroactive approval of the existing Contract.

(B)

The background facts that led to the Request;

(C)

The good faith basis for making the Request;

(D)

The need for reinstatement of an expired Contract or retroactive approval of an existing Contract due to unforeseen or unavoidable conditions;

(E)

The steps to prevent a reoccurrence. For examples:
(i)
Improvement of Agency’s internal policies and procedures; and
(ii)
Provision of new training or retraining; and

(F)

Acknowledgement that the Request is in the best interest of the Agency.

(c)

Obtain all other approvals required for the Contract, including but not limited to: Attorney General’s approval of legal sufficiency under ORS 291.047 (Public contract approval by Attorney General) or ratification under 291.049 (Ratification of public contract when performance begun prior to contract approval). The Authorized Agency must obtain all other approvals required for the Contract before any reinstatement, extension of time under Subsection (6), or retroactive approval becomes binding.

(d)

The DPO or CPO, as described in Subsection (3)(a), must approve the Request.

(5)

Effect of Approval.

(a)

An approved reinstatement of an expired Contract makes the Contract in full force and effect, as if it had not expired.

(b)

An approved retroactive approval of an existing Contract makes the Contract in full force and effect, as if it had been approved by the DPO or CPO when the Contract was formed.

(c)

The DPO or CPO, as appropriate, may create any related Contract documents to implement the reinstatement or retroactive approval.

(d)

The Agency may make an approved payment after any related Contract documents are signed by the necessary parties.

(6)

Amendments of a Reinstated Contract.

(a)

If the Agency requests reinstatement of an expired Contract, the Request of the Agency may also include a request to amend the reinstated Contract for time only. The DPO or CPO, as appropriate, may approve this Request, including the amendment.

(b)

The Agency may amend a reinstated or retroactively approved Contract for purposes other than time in accordance with OAR 125-247-0805 (Amendments to Contracts and Price Agreements).

(7)

An Authorized Agency may combine in one document a Reinstatement of a Contract in accordance with this Rule, Retroactive Approvals of that Contract in accordance with OAR 125-246-0570 (Reinstatement of Expired Contract; Retroactive Approval of Existing Contract), and its Amendment in accordance with 125-247-0805 (Amendments to Contracts and Price Agreements), as needed.

Source: Rule 125-246-0570 — Reinstatement of Expired Contract; Retroactive Approval of Existing Contract, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=125-246-0570.

125‑246‑0100
Application
125‑246‑0110
Definitions
125‑246‑0120
Policies
125‑246‑0130
Application of the Code and Rules
125‑246‑0135
Solicitation Templates
125‑246‑0140
Procurement Authority
125‑246‑0150
Applicability of These Rules to Agencies
125‑246‑0165
Delegation Policy and Procedures
125‑246‑0170
Delegation of Authority
125‑246‑0200
Affirmative Action
125‑246‑0210
Subcontracting to and Contracting with Emerging Small Businesses
125‑246‑0220
Governor’s Policy Advisor for Economic and Business Equity
125‑246‑0300
Preference for Oregon Supplies and Services
125‑246‑0310
Reciprocal Preferences
125‑246‑0314
Disabled Veterans Preference
125‑246‑0316
Lighting Preference Relating to Mercury
125‑246‑0318
Oregon Employment Preference
125‑246‑0319
Federally Funded Transit Projects — Preference for Exceeding Federal Buy America Requirements
125‑246‑0320
Recycling
125‑246‑0321
Recycling Policy
125‑246‑0322
Preference for Recycled Materials
125‑246‑0323
Recycled Paper and Paper Products
125‑246‑0324
Recycling: Food Service and Food Packaging
125‑246‑0330
Supplier Requirements
125‑246‑0333
Independent Contractors
125‑246‑0335
Authority and Standards for Personal Services Contracts
125‑246‑0345
Procedures for Personal Services Contracts
125‑246‑0350
Approval of Personal Services Contracts
125‑246‑0351
Acquiring Services before Obtaining Requisite Approvals of a Personal Services Contract
125‑246‑0353
Reporting Requirements for Personal Services Contracts
125‑246‑0360
Purchases Through Federal Programs
125‑246‑0365
ORS 190 Agreements (Intergovernmental)
125‑246‑0400
Cooperative Procurement
125‑246‑0500
Oregon Procurement Information Network (ORPIN)
125‑246‑0555
Contract Administration
125‑246‑0556
Procurement Files
125‑246‑0570
Reinstatement of Expired Contract
125‑246‑0576
Payment Authorization for Cost Overruns for Services Contracts
125‑246‑0580
Dispute Resolution
125‑246‑0600
Ethics in Public Contracting
125‑246‑0605
Ethics
125‑246‑0610
Appointments to Advisory Committees
125‑246‑0615
Nonretaliation
125‑246‑0620
Specifications
125‑246‑0621
Anti-Trust Laws
125‑246‑0625
Sole-Source
125‑246‑0630
Fragmentation
125‑246‑0635
Authorized Agency and Provider Communications
125‑246‑0800
Selling or Leasing Supplies and Services
125‑246‑0900
Penalties
Last Updated

Jun. 8, 2021

Rule 125-246-0570’s source at or​.us