Haw. Code R. § 3-125-5

Current through September, 2024
Section 3-125-5 - Authorization for a stop work order for goods and services contracts
(a) The paragraphs, or similar statements expressing the intent of the paragraphs set forth in section 3-125-6, shall be included in any fixed-price contract for goods and services under which work stoppage may be required for reasons such as advancements in the state of the art, production modifications, engineering changes, or realignment of programs.
(b) Because stop work orders may result in increased cost by reason of standby costs, the orders shall be issued only with prior approval of the chief procurement officer, the head of a purchasing agency, or designees of either officer. Generally, use of a stop work order will be limited to situations in which it is advisable to suspend work pending a decision to proceed and a supplemental agreement providing for the suspension is not feasible. A stop work order may not be used in lieu of the issuance of a termination notice after a decision to terminate has been made.
(c) Stop work orders shall not exceed sixty consecutive days and shall include, as appropriate:
(1) A clear description of the work to be suspended;
(2) Instructions as to the issuance of further orders by the contractor for material or services;
(3) Guidance as to action to be taken on subcontracts; and
(4) Other instructions and suggestions to the contractor for minimizing costs.
(d) Promptly after issuance, stop work orders should be discussed with the contractor and should be modified, if necessary, in light of such discussions.
(e) As soon as feasible after a stop work order is issued:
(1) The contract will be terminated; or
(2) The stop work order will be canceled or extended in writing beyond the period specified in the order.
(f) In any event, whether the contract is terminated or the stop work order is extended, action must be taken before the specified stop work period expires. If an extension of the stop work order is necessary, it must be evidenced by a supplemental agreement. Any cancellation of a stop work order shall be subject to the same approvals as were required for the fussiness of the order.

Haw. Code R. § 3-125-5

[Eff 12/15/95; am and comp NOV 17 1997] (Auth: HRS §§ 103D-202, 103D-501) (Imp: HRS § 103D-501)