OAR 167-001-0081: Reinstatement of Expired Contracts

The Secretary of State, Business Services Division Chief Procurement Officer may approve reinstatement of an expired Contract if the following conditions are met: (1) Failure to renew or extend the Contract would prevent the Secretary from carrying out the duties of the Secretary; (2) Written request for reinstatement is submitted to the Business Services Division Chief Procurement Officer for approval within a reasonable time after the expiration of the original contract; (3) A written statement justifying the Contractor’s completion of the work after expiration of the contract, there is no change in the Statement of Work, and either; (a) The reinstatement is exclusively for the purpose of permitting completion of the work or services for no additional compensation; or (b) When services are of a continuing or repetitive nature which are compensated at an hourly, daily or similar periodic rate, the reinstatement either: (A) Does not increase the rate of compensation; or (B) Does not increase the rate of compensation so as to exceed the rate of the increase determined by comparing the Portland, Oregon Metropolitan Area Consumer Price Index (all items) published immediately prior to the date the original contract was established with the same Index published immediately prior to the date of the reinstatement and extension. (4) When a Contract is reinstated pursuant to this section, the Secretary may compensate the Contractor, at the rate of compensation established in the original contract, for work performed in the interim between the expiration of the original contract and the execution and approval(s) of the extension or amendment. (5) This rule authorizes only one reinstatement of a Contract. (6) No reinstatement of a Contract shall modify the original contract except with respect to the time for performance. (7) If the reinstatement of a Contract pursuant to this rule raises the aggregate amount of compensation to a level that requires Attorney General approval under ORS 291.045 and 291.047, the Secretary shall obtain such approval or ratification before the extension becomes binding and before any services may be performed under the reinstated contract.