OAR 736-147-0070: Reinstatement of Expired or Terminated Contracts

(1) If the department enters into a contract for goods or services and that contract subsequently expires or is terminated, the department may reinstate the contract subject to the following: (a) The type or aggregated value (including all amendments) of the contract, after reinstatement, falls under the department procurement thresholds in accordance with these rules; (b) The department 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) The department 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 the department or the contracting party. (2) The department may amend an expired contract for time only in accordance with section (1). The department may amend the contract purposes other than time in accordance with OAR 137-047-0800. (3) If the department reinstates and amends an expired contract for time, pursuant to this rule, the department 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. (4) Once a contract is reinstated, it is in full force and effect as if it had not expired or terminated.