Current through November, 2024
Section 3-132-3 - General provisions(a) The processing of a value engineering change proposal shall be similar to that for any proposed contract change order and shall be considered only after the construction contract is awarded.(b) Nothing herein shall be construed to mean that the State must accept or approve any or all value engineering change proposals submitted in accordance with this chapter. The procurement officer's interpretation and findings relative to the impairment of the functions or characteristics of the item or items covered by the value engineering change proposal shall be final.(c) Adjustment in contract prices and allowances for implementation costs shall be in accordance with this chapter and shall only be considered if and when the value engineering change proposal is approved by the procurement officer. The receipt of the value engineering change proposal by the State or a verbal acceptance of a value engineering change proposal by any employee of the State shall not obligate the State to accept the value engineering change proposal.(d) The procurement officer may impose, as a condition of acceptance of any value engineering change proposal, a requirement that the contractor warrant the statements, claims, and other information contained in the value engineering change proposal. In addition, the contractor's responsibility under any such warranty shall be in addition to the liability imposed by the "guarantee of work" requirement as included in the contract.(e) The contractor shall be responsible for the new design of the facility or a portion of the facility submitted as a value engineering change proposal, including errors and omissions and, if the value engineering change proposal is for a portion of the facility, for any adverse impacts the new design may have on the unchanged portions of the facility.(f) Attached to this chapter and made a part of this chapter is Exhibit A, titled "Value Engineering Change Proposal", dated 10/14/97, with two attachments that may be used to initiate a value engineering change proposal.[Eff NOV 17 1997] (Auth: HRS §§ 103-49, 103D-202) (Imp: HRS § 103-49)