§ 19-11-238 - Multiyear contracts.
19-11-238. Multiyear contracts.
(a) Specified Period. Unless otherwise provided by law, a contract for commodities or services may be entered into for periods of not more than seven (7) years if funds for the first fiscal year of the contemplated contract are available at the time of contracting. Payment and performance obligations for succeeding fiscal years shall be subject to the availability and appropriation of funds therefor.
(b) Determination Prior to Use. Prior to the utilization of a multi-year contract, it shall be determined in writing that:
(1) Estimated requirements cover the period of the contract and are reasonably firm and continuing; and
(2) Such a contract will serve the best interests of the state by encouraging effective competition or otherwise promoting economies in state procurement; and
(3) In the event of termination for any reason, the contract provides for cessation of services and/or surrender by the state of the commodities and repayment to the state of any accrued equity.
(c) Termination Due to Unavailability of Funds in Succeeding Years. Original terms of such multiyear contracts shall terminate on the last day of the current biennium, and any renewals by the state based upon continuing appropriation shall not exceed the next succeeding biennium. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent year of a multi-year contract, the contract for such subsequent year shall be terminated and the contractor may be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the commodities or services delivered under the contract. The cost of termination may be paid from:
(1) Appropriations currently available for performance of the contract;
(2) Appropriations currently available for procurement of similar commodities or services and not otherwise obligated; or
(3) Appropriations made specifically for the payment of such termination costs.