Section 3-125-15 - Claims based on a procurement officer's actions or omissions for goods and services contracts The following paragraphs, or similar statements expressing the intent of the paragraphs, shall be included in all goods and services contracts:
(1) " "Claims based on a procurement officer's actions or omissions. If any action or omission on the part of a procurement officer or designee of the officer, requiring performance changes within the scope of the contract constitutes the basis for a claim by the contractor for additional compensation, damages, or an extension of time for completion, the contractor shall continue with performance of the contract in compliance with the directions or orders of such officials, but by so doing, the contractor shall not be deemed to have prejudiced any claim for additional compensation, damages, or an extension of time for completion; provided: (A) The contractor shall have given written notice to the procurement officer or designee of the officer: (i) Prior to the commencement of the work involved, if at that time the contractor knows of the occurrence of the action or omission;(ii) Within thirty days after the contractor knows of the occurrence of the action or omission, if the contractor did not have knowledge prior to the commencement of the work; or(iii) Within further time as may be allowed by the procurement officer in writing.(B) This notice shall state that the contractor regards the act or omission as a reason which may entitle the contractor to additional compensation, damages, or an extension of time. The procurement officer or designee of the officer, upon receipt of the notice may rescind the action, remedy the omission, or take other steps as may be deemed advisable in the discretion of the procurement officer or designee of the officer;(C) The notice required by subparagraph (A) describes as clearly as practicable, at the time, the reasons why the contractor believes that additional compensation, damages, or an extension of time may be remedies to which the contractor is entitled; and(D) The contractor maintains and, upon request, makes available to the procurement officer within a reasonable time, detailed records to the extent practicable, of the claimed additional costs or basis for an extension of time in connection with the changes.(2) "Nothing herein contained, however, shall excuse the contractor from compliance with any rules of law precluding any state officers and any contractors from acting in collusion or bad faith in issuing or performing change orders which are clearly not within the scope of the contract."(3) "Any adjustment in the contract price made pursuant to this clause shall be determined in accordance with the price adjustment clause of this contract."[Eff 12/15/95; am and comp NOV 17 1997] (Auth: HRS §§ 103D-202, 103D-501) (Imp: HRS § 103D-501)