Current through November, 2024
Section 3-122-3 - Extension of time on contracts(a) If a contract has exhausted its provision for extension(s) of time of performance, or if the contract does not include a provision for extension(s) of time of performance, the contract may be extended upon approval of the chief procurement officer, provided: (1) The period of each extension is for one hundred eighty calendar days or less;(2) The procurement officer makes a written determination that it is not practical to award another contract at the time of the expiration of the contract for reasons to include but not be limited to the following: (A) A new contract cannot be executed by the time one contract expires; or(B) The need for the good or service is short term;(3) All parties agree to the extension of time of performance; and(4) The price(s) or conditions of the contract remain the same as the original contract, or as amended per the contract; or if not the same or as amended, they are fair and reasonable.(b) If paragraph (2) of subsection (a) is met, but paragraph (3) or (4) of subsection (a) or both are not met and the procurement officer determines in writing that the need for the good or service continues, provided subchapters 8, 9, and 10 do not apply, the chief procurement officer, may upon request in writing, approve an alternative procurement method, including but not limited to direct negotiations with a party other than the contractor, subject to the maximum one hundred eighty calendar day contract period.(c) This section shall not apply to adjustments in performance time under chapter 3-12S[Eff 12/15/95; am and comp 11/17/97; MAR 21 2008] (Auth: HRS § 103D-202) (Imp: HRS § 1030-202)