Section 3-125-3 - Modifications to goods and services contracts(a) A contract modification is a written alteration within the scope of the contract to specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of a contract accomplished by mutual action of the parties to the contract.(b) The following paragraph, or similar statement expressing the same intent of this paragraph, shall be included in all contracts for goods and services: "Modifications Clause
(1)Contract modification. By a written order, at any time, and without notice to any surety, the procurement officer, subject to mutual agreement of the parties to the contract and all appropriate adjustments, may make modifications within the general scope of this contract to include any one or more of the following: (A) Drawings, designs, or specifications, for the goods to be furnished;(B) Method of shipment or packing;(D) Description of services to be performed;(E) Time of performance (i.e., hours of the day, days of the week, etc.);(F) Place of performance of the services; or(G) Other provisions of the contract accomplished by mutual action of the parties to the contract.(2)Adjustments of price or time for performance. If any modification 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. Any adjustment in contract price made pursuant to this clause shall be determined, where applicable, in accordance with the price adjustment clause of this contract or as negotiated.(3)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.(4)Other claims not barred. In the absence of such a contract modification, nothing in this clause shall be deemed to restrict the contractor' s right to pursue a claim under the contract or for a 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)