Section 3-125-13 - Price adjustment for construction contracts(a) The paragraphs in this subsection, or similar statements expressing the intent of these paragraphs, shall be included in all applicable construction contracts for which price adjustments will be allowed: (1) "Price adjustment. Any adjustment in contract price pursuant to a clause in this contract shall be made in one or more of the following ways: (A) By agreement on a fixed price adjustment before commencement of the pertinent performance or as soon thereafter as practicable ;(B) By unit prices specified in the contract or subsequently agreed upon;(C) Whenever there is a variation in quantity for any work covered by any line item in breakdown costs provided by the contractor pursuant to contractual pre-work submittal requirements, by the procurement officer, at the procurement officer's discretion, adjusting the lump sum price proportionately;(D) In such other manner as the parties may mutually agree;(E) At the sole option of the procurement officer, by the costs attributable to the event or situation covered by the change, plus appropriate profit or fee; or(F) In the absence of agreement between the parties, by a unilateral determination by the procurement officer of the costs attributable to the event or situation covered by the clause, plus appropriate profit or fee, all as computed by the procurement officer in accordance with generally accepted accounting principles and applicable sections of chapters 3-123 and 3-126."(2) "Determining the cost or credit. In determining the cost or credit to the State resulting from a change, the allowances for all overhead, extended overhead resulting from adjustments to contract time (including home office and field overhead) and profit combined, shall not exceed the percentages set forth below: (A) For the contractor, for any work performed by its own labor forces, fifteen per cent of the cost;(B) For each subcontractor involved, for any work performed by its own forces, fifteen per cent of the cost;(C) For the contractor or any subcontractor, " for work performed by their subcontractors, seven per cent of the amount due the performing subcontractor."(3) "Percentages for fee and overhead. Not more than three line item percentages for fee and overhead, not to exceed the maximum percentages shown above, will be allowed regardless of the number of tier subcontractors." [Eff 12/15/95; am and comp NOV 17 1997 ] (Auth: HRS §§ 103D-202, 103D-5O1) (Imp: HRS §§ 103D-501, 103D-601, 103D-703)