Section 3-125-2 - Change orders to goods and services contracts(a) A change order is a written order signed by the procurement officer, directing the contractor to make changes which the "changes clause" of the contract authorizes the procurement officer to order without the consent of the contractor.(b) The following paragraph, or similar statement expressing the same intent of this paragraph, shall be included in all contracts for goods and services: "Changes Clause
(1)Generally. By written order, at any time, and without notice to any surety, the procurement officer may, unilaterally, order of the contractor: (A) Changes in the work within the scope of the contract; and(B) Changes in the time of performance of the contract that do not alter the scope of the contract work.(2)Adjustments of price or time for performance. If any change order increases or decreases the contractor's cost of, or the time required for, performance of any part of the work under this contract, an adjustment shall be made and the contract modified in writing accordingly. (A) Any adjustment in contract price made pursuant to this clause shall be determined, where applicable, in accordance with the price adjustment clause included pursuant to section 3-125-12. Failure of the parties to agree to an adjustment in contract price shall be resolved in accordance with the price adjustment clause included pursuant to section 3-125-12(1)(E).(B) Failure of the parties to agree to an adjustment in time shall not excuse the contractor from proceeding with the contract as changed, provided that the procurement officer, within fourteen days after the changed work commences, makes the provisional adjustments in time as the procurement officer deems reasonable. The right of the contractor to dispute the contract price or time required for performance or both shall not be waived by its performing the work, provided however, that it follows the written notice requirements for disputes and claims established by the contract.
(3)Time period for claim. Except as may be provided otherwise by section 103D-501(b), HRS, the contractor must file a written claim disputing the contract price or time provided in a change order within ten days after receipt of a written change order, unless such period for filing is extended by the procurement officer in writing. The requirement for filing a timely written claim cannot be waived and shall be a condition precedent to the assertion of a claim.(4)Claim barred after final payment. No claim by the contractor for an adjustment hereunder shall be allowed if the claim is not received by the procurement officer prior to final payment under this contract.(5)Other claims not barred. In the absence of such a change order, nothing in this clause shall be deemed to restrict the contractor's right to pursue a claim under the contract or for breach of contract."[Eff 12/15/95; am and comp 11/17/97; am AUG 24 2009] (Auth: HRS §§ 103D-202, 103D-501) (Imp: HRS § 103D-501)