R-24-109-404-05

Current through Register Vol. 48, No. 1, January 10, 2025

Section R-24-109-404-05 - Purchasing Agency Actions Ratification of Contract

In addition to the action required in rule R- 24-109-404 -04, and after consideration of the factors in rule R- 24-109-404 -03, the procurement official may take one of the following actions.

(a) The procurement official may ratify the contract and authorize payment if the procurement official determines:

(i) contractor acted in good faith;

(ii) procurement meets substantive requirements of the code; and

(iii) violation is only procedural.

(b) The procurement official may ratify the contract and authorize payment if the procurement official determines:

(i) contractor acted in good faith;

(ii) procurement does not meet substantive requirements of the code; and

(iii) ratification is in best interest of state.

(c) The procurement official shall not ratify the contract, but may authorize payment in an amount equal to lesser of amount agreed to in unauthorized purchase or contractor's actual, documented expenses and reasonable profit as determined by the procurement official, when the conditions are:

(i) contractor acted in good faith;

(ii) procurement does not meet substantive requirement of the code; and

(iii) ratification is not in best interest of state.

(d) The procurement official shall not ratify the contract or authorize payment if the procurement official determines that the contractor acted in bad faith.

R-24-109-404-05

38 CR 15, August 10, 2015, effective 8/31/2015

41 CR 17, September 10, 2018, effective 10/1/2018

46 CR 11, June 10, 2023, effective 7/1/2023