§ 28-7368 — Multiterm contracts for job-order-contracting construction services

A. A contract for construction services using the job-order-contracting method may be entered into for a period of up to five years, as deemed to be in the best interest of the department, if the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and monies are available for the first fiscal year at the time of contracting. Payment and performance obligations for succeeding fiscal years are subject to the availability and appropriation of monies.

B. Before the use of a multiterm contract, the department shall determine in writing that:

1. Estimated requirements cover the period of the contract and are reasonable and continuing.

2. The contract serves the best interests of the department by encouraging effective competition or otherwise promoting economies in the department's procurement.

C. If monies are not appropriated or otherwise made available to support the continuation of performance in a subsequent fiscal year, the contract shall be canceled and the contractor may only be reimbursed for the reasonable value of any nonrecurring costs that are incurred but not amortized in the price of the construction services delivered under the contract or that are otherwise not recoverable. The cost of cancellation may be paid from any appropriations available for these purposes. Contractors are not entitled to compensation for a decision to not renew or extend a contract.