260:115-5-17. Ratification of an unauthorized commitment

If a state agency makes an unauthorized commitment on behalf of the state to a supplier, the state may, if in the best interest of the state, ratify the commitment.
  1. State agency actions.
    The chief administrative officer of the state agency shall approve or disapprove a request for ratification of an unauthorized commitment.
    1. Chief administrative officer approves request.
      If the chief administrative officer approves the request, the state agency shall perform steps as follows:
      1. The state agency shall negotiate a proposal for a ratification agreement with the supplier.
      2. The chief administrative officer shall document facts and circumstances of the unauthorized commitment.
      3. The chief administrative officer shall sign the proposed ratification agreement.
      4. The chief administrative officer shall provide a copy of the ratification agreement and, upon request, the supporting documents to the State Purchasing Director.
    2. Chief administrative officer disapproves request.
      If the chief administrative officer disapproves the request, the state agency shall retain documents from the supplier and the state agency.
  2. State Purchasing Director actions.
    The State Purchasing Director shall retain a copy of the ratification agreement.