OAR 137-049-0900
Contract Suspension; Termination Procedures


(1)

Suspension of Work. In the event a Contracting Agency suspends performance of Work for any reason considered by the Contracting Agency to be in the public interest other than a labor dispute, the Contractor shall be entitled to a reasonable extension of Contract time, and to reasonable compensation for all costs, including a reasonable allowance for related overhead, incurred by the Contractor as a result of the suspension.

(2)

Termination of Contract by mutual agreement for reasons other than default.

(a)

Reasons for termination. The parties may agree to terminate the Contract or a divisible portion thereof if:

(A)

The Contracting Agency suspends Work under the Contract for any reason considered to be in the public interest (other than a labor dispute, or any judicial proceeding relating to the Work filed to resolve a labor dispute); and

(B)

Circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the Work.

(b)

Payment. When a Contract, or any divisible portion thereof, is terminated pursuant to this section (2), the Contracting Agency shall pay the Contractor a reasonable amount of compensation for preparatory Work completed, and for costs and expenses arising out of termination. The Contracting Agency shall also pay for all Work completed, based on the Contract Price. Unless the Work completed is subject to unit or itemized pricing under the Contract, payment shall be calculated based on percent of Contract completed. No claim for loss of anticipated profits will be allowed.

(3)

Public interest termination by Contracting Agency. A Contracting Agency may include in its Contracts terms detailing the circumstances under which the Contractor shall be entitled to compensation as a matter of right in the event the Contracting Agency unilaterally terminates the Contract for any reason considered by the Contracting Agency to be in the public interest.

(4)

Responsibility for completed Work. Termination of the Contract or a divisible portion thereof pursuant to this rule shall not relieve either the Contractor or its surety of liability for claims arising out of the Work performed.

(5)

Remedies cumulative. The Contracting Agency may, at its discretion, avail itself of any or all rights or remedies set forth in these rules, in the Contract, or available at law or in equity.

Source: Rule 137-049-0900 — Contract Suspension; Termination Procedures, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-049-0900.

137–049–0100
Application
137–049–0110
Policies
137–049–0120
Definitions
137–049–0130
Competitive Bidding Requirement
137–049–0140
Contracts for Construction Other Than Public Improvements
137–049–0150
Emergency Contracts
137–049–0160
Intermediate Procurements
137–049–0200
Solicitation Documents
137–049–0210
Notice and Advertising Requirements
137–049–0220
Prequalification of Offerors
137–049–0230
Eligibility to Bid or Propose
137–049–0240
Pre-Offer Conferences
137–049–0250
Addenda to Solicitation Documents
137–049–0260
Request for Clarification or Change
137–049–0270
Cancellation of Solicitation Document
137–049–0280
Offer Submissions
137–049–0290
Bid or Proposal Security
137–049–0300
Facsimile Bids and Proposals
137–049–0310
Electronic Procurement
137–049–0320
Pre-Closing Modification or Withdrawal of Offers
137–049–0330
Receipt, Opening and Recording of Offers
137–049–0340
Late Bids, Late Withdrawals and Late Modifications
137–049–0350
Mistakes
137–049–0360
First-Tier Subcontractors
137–049–0370
Disqualification of Persons
137–049–0380
Bid or Proposal Evaluation Criteria
137–049–0390
Offer Evaluation and Award
137–049–0395
Notice of Intent to Award
137–049–0400
Documentation of Award
137–049–0410
Time for Contracting Agency Acceptance
137–049–0420
Negotiation With Bidders Prohibited
137–049–0430
Negotiation When Bids Exceed Cost Estimate
137–049–0440
Rejection of Offers
137–049–0450
Protest of Contractor Selection, Contract Award
137–049–0460
Performance and Payment Security
137–049–0470
Substitute Contractor
137–049–0490
Foreign Contractor
137–049–0600
Purpose
137–049–0610
Definitions for Alternative Contracting Methods
137–049–0620
Use of Alternative Contracting Methods
137–049–0630
Findings, Notice and Hearing
137–049–0640
Competitive Proposals
137–049–0645
Requests for Qualifications (RFQ)
137–049–0650
Requests for Proposals (“RFP”)
137–049–0660
RFP Pricing Mechanisms
137–049–0670
Design-Build Contracts
137–049–0680
Energy Savings Performance Contracts (ESPC)
137–049–0690
Construction Manager/General Contractor Services (“CM/GC Services”)
137–049–0800
Required Contract Clauses
137–049–0810
Waiver of Delay Damages Against Public Policy
137–049–0815
BOLI Public Works Bond
137–049–0820
Retainage
137–049–0830
Contractor Progress Payments
137–049–0840
Interest
137–049–0850
Final Inspection
137–049–0860
Public Works Contracts
137–049–0870
Specifications
137–049–0880
Records Maintenance
137–049–0890
Contracting Agency Payment for Unpaid Labor or Supplies
137–049–0900
Contract Suspension
137–049–0910
Changes to the Work and Contract Amendments
Last Updated

Jun. 8, 2021

Rule 137-049-0900’s source at or​.us