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Attachment 5
<br />c. AQenc~nrocurement officer. By written order, at any time, and without notice to any surety, the
<br />Agency procurement officer may unilaterally order of the CONTRACTOR:
<br />(A) Changes in the work within the scope of the Contract; and
<br />(B) Changes in the time of performance of the Contract that do not alter the scope ofthe Contract
<br />work.
<br />d. Adiustments of price or time for nerformance. If any modification increases or decreases the
<br />CONTRACTOR'S cost of, or the time required for, performance of any part of the work under this
<br />Contract, an adjustment shall be made and this Contract modified in writing accordingly. Any
<br />adjustment in contract price made pursuant to this clause shall be determined, where applicable, in
<br />accordance with the price adjustment clause of this Contract or as negotiated.
<br />e. Claim barred after final pavment. No claim by the. CONTRACTOR for an adjustment hereunder
<br />shall be allowed if written modiftcation of the Contract is not made prior to final payment under this
<br />Contract.
<br />f Claims not barred. In the absence of a written contract modification, nothing in this clause shall be
<br />deemed to restrict the CONTRACTOR'S right to pursue a claim under this Contractor for a breach of
<br />contract.
<br />g. CPO aooroval. If this is a professional services contract awarded pursuant to section ]03D-303 or
<br />103D-304, HRS, any modification, alteration, amendment, change, or extension of any term,
<br />provision, or condition of this Contract which increases the amount payable to the CONTRACTOR
<br />by at least $25,000.00 or ten per cent (10%) of the initial contract price, whichever increase is higher,
<br />must receive the prior approval of the CPO.
<br />h. Tax clearance. The STATE may, at its discretion, require the CONTRACTOR to submit to the
<br />STATE, prior to the STATE'S approval of any modification, alteration, amendment, change, or
<br />extension of any term, provision, or condition of this Contract, a tax clearance from the Director of
<br />Taxation, State of Hawaii, and the Internal Revenue Service, U.S. Department of Treasury, showing
<br />that all delinquent taxes, if any, levied or accrued under state law and the Intemal Revenue Code of
<br />1986, as amended, against the CONTRACTOR have been paid.
<br />i. Sole source contracts. Amendments to sole source contracts that would change the original scope of
<br />the Contract may only be made with the approval of the CPO. Annual renewal of a sole source
<br />contract for services should not be submitted as an amendment.
<br />20. Chance Order. The Agency procurement officer may, by a written order signed only by the STATE, at any
<br />time, and without notice to any surety, and subject to all appropriate adjustments, make changes within the
<br />general scope of this Contract in any one or more of the following:
<br />(1) Drawings, designs, or specifications, if the goods or services to be famished are to be
<br />specially provided to the STATE in accordance therewith;
<br />(2) Method of delivery; or
<br />(3) Place of delivery.
<br />a. Adiustments of price or time for nerformance. If any change order increases or decreases the
<br />CONTRACTOR'S cost of, or the time required for, performance of any part of the work under this
<br />Contract, whether or not changed by the order, an adjustment shall be made and the Contract
<br />modified in writing accordingly. Any adjustment in the Contract price made pursuant to this
<br />provision shall be determined in accordance with the price adjustment provision of this Contract.
<br />Failure of the parties to agree to an adjustment shall not excuse the CONTRACTOR from proceeding
<br />with the Contract as changed, provided that the Agency procurement officer promptly and duly
<br />makes the provisional adjustments in payment or time for performance as may be,reasonable. By
<br />AG-008 Rev. 6/25/2007 1
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