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.
- State agency actions.The chief administrative officer of the state agency shall approve or disapprove a request for ratification of an unauthorized commitment.
- Chief administrative officer approves request.If the chief administrative officer approves the request, the state agency shall perform steps as follows:
- The state agency shall negotiate a proposal for a ratification agreement with the supplier.
- The chief administrative officer shall document facts and circumstances of the unauthorized commitment.
- The chief administrative officer shall sign the proposed ratification agreement.
- The chief administrative officer shall provide a copy of the ratification agreement and, upon request, the supporting documents to the State Purchasing Director.
- 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.
- State Purchasing Director actions.The State Purchasing Director shall retain a copy of the ratification agreement.