Section 41-4-155 Rules for Adjusting Contract Provisions; Remedies; Justification for Variations.
The Chief Procurement Officer may adopt and vary procurement contract clauses for price, time, and remedy adjustments, and contractors may have to provide cost or pricing data when certain price adjustments apply.
(a) The Chief Procurement Officer may adopt rules permitting or requiring the inclusion of clauses providing for adjustments in prices, time of performance, or other contract provisions as appropriate covering both of the following subjects: (1) The unilateral right of the state to order in writing both of the following: a. Changes in the work within the scope of the contract. b. The temporary stopping of work or delaying performance. (2) Variations occurring between estimated quantities of work in a contract and actual quantities. (b)(1) Adjustments in price pursuant to clauses adopted under subsection (a) shall be computed in one or more of the following ways: a. By agreement on a fixed-price adjustment before commencement of the performance or as soon as practicable. b. By unit prices specified in the contract or subsequently agreed upon. c. By the costs attributable to the events or situations under the clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon. d. In any other manner as the contracting parties may mutually agree. e. In the absence of agreement by the parties, by a unilateral determination by the state of the costs attributable to the events or situations under the clauses with adjustment of profit or fee. (2) A contractor shall be required to submit cost or pricing data if any adjustment in the contract price is subject to Section 41-4-141. (c) The Chief Procurement Officer may adopt rules to implement this division, including rules permitting or requiring the inclusion in state contracts of clauses providing for appropriate remedies covering all of the following subjects: (1) Specified excuses for delay or nonperformance. (2) Termination of the contract for default. (3) Termination of the contract in whole or in part for the convenience of the state. (d) The Chief Procurement Officer may vary the clauses adopted by rule under subsection (a) and (c) for inclusion in any particular state contract, so long as any variation is supported by a written determination that states the circumstances justifying the variation. Notice of any material variation shall be stated in the invitation to bid or request for proposals.