Current through Register Vol. 63, No. 12, December 1, 2024
(1) Payments on Contracts that exceed the
maximum contract consideration require prior written approval from ODOT'sChief
Procurement Officer and may require approval from the Department of Justice
pursuant to OAR 137-045-0010 et seq. Approval may be provided if there is
compliance with all of the following:
(a) The
Contract was duly executed and, if required, approved by the Attorney
General.
(b) The Contract has not
expired or been terminated as of the date Written approval to increase the
Contract amount is granted.
(c) The
cost overrun is for a change outside of the scope ofthe statement of work set
out in the Contract.
(d) The cost
overrun arose out of extraordinary circumstances or conditions encountered in
the course of contract performance that were reasonably not anticipated at the
time the Contract, or the most recent amendment, if any, was signed. Such
circumstances include, but are not limited to cost overruns that:
(A) Address emergencies arising in the course
of the Contract that require prompt action to protect the work already
completed.
(B) Comply with official
or judicial commands or directives issued during contract
performance.
(C) Ensure that the
purpose of the Contract will be realized.
(e) The cost overrun was incurred in good
faith, results from the good faith performance by the Contractor, and is no
greater than the prescribed hourly rate or the reasonable value of the
additional work or performance rendered.
(f) Except for the cost overrun, the Contract
and its objective are within the statutory authority of ODOT and ODOT currently
has funds available for payment under the Contract.
(g) An officer or employee of ODOT has
presented a Written report to ODOT'sChief Procurement Officer within 60 days of
the discovery of the overrun that states the reasons for the cost overrun and
demonstrates to the satisfaction of ODOT'sChief Procurement Officer that the
Contract and the circumstances of the overrun satisfy the conditions stated
above.
(h) ODOT'sChief Procurement
Officer approves in Writing the payment of the overrun, or such portion of the
overrun amount as ODOT's Chief Procurement Officer determines may be paid
consistent with the conditions of this Rule. If ODOT's Chief Procurement
Officer has signed the Contract, or has immediate supervisory responsibility
over performance of the Contract, ODOT's Chief Procurement Officer must
designate an alternate delegate to grant or deny Written approval of
payment.
(2) Before
making any overrun payment, ODOT must obtain Written approval from ODOT's Chief
Procurement Officer per section (1)(h) and, if such approval is required by ORS
271.047, an Attorney General's approval of the Contract amendment. This rule
does not apply to payments made prior to obtaining all required
approvals.
(3) For this rule,
references to ODOT's Chief Procurement Officer mean ODOT's Chief Procurement
Officer or delegate.
Statutory/Other Authority: ORS
184.619,
279A.065(6)(a)
& 279A.070
