63G-6-601 - Required contract clauses -- Computation of price adjustments -- Use of rules and regulations.
63G-6-601. Required contract clauses -- Computation of price adjustments -- Useof rules and regulations.
(1) Rules and regulations shall require for state construction contracts and may permit orrequire for state contracts for supplies and services the inclusion of clauses providing foradjustments in prices, time of performance, or other appropriate contract provisions, andcovering the following subjects:
(a) the unilateral right of the state to order in writing changes in the work within thescope of the contract and changes in the time of performance of the contract that do not alter thescope of the contract work;
(b) variations occurring between estimated quantities of work in a contract and actualquantities;
(c) suspension of work ordered by the state; and
(d) site conditions differing from those indicated in the construction contract, orordinarily encountered, except that differing site conditions clauses required by the rules andregulations need not be included in a construction contract when the contract is negotiated, whenthe contractor provides the site or design, or when the parties have otherwise agreed with respectto the risk of differing site conditions.
(2) Adjustments in price pursuant to clauses promulgated under Subsection (1) shall becomputed in one or more of the following ways:
(a) by agreement on a fixed price adjustment before commencement of the pertinentperformance or as soon thereafter 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 adjustmentof 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; or
(e) in the absence of agreement by the parties, by a unilateral determination by the stateof the costs attributable to the events or situations under the clauses with adjustment of profit orfee, all as computed by the state in accordance with applicable sections of the rules andregulations issued under Subsection 63G-6-415(1) and subject to the provisions of Part 8, Legaland Contractual Remedies.
(3) A contractor shall be required to submit cost or pricing data if any adjustment incontract price is subject to the provisions of Section 63G-6-415.
(4) Rules and regulations shall require for state construction contracts and may permit orrequire for state contracts for supplies and services the inclusion of clauses providing forappropriate remedies and covering at least the following subjects:
(a) liquidated damages as appropriate;
(b) specified excuses for delay or nonperformance;
(c) termination of the contract for default; and
(d) termination of the contract in whole or in part for the convenience of the state.
(5) The contract clauses promulgated under this section shall be set forth in rules andregulations. However, the chief procurement officer or the head of a purchasing agency maymodify the clauses for inclusion in any particular contract. Any variations shall be supported bya written determination that describes the circumstances justifying the variations, and notice ofany material variation shall be included in the invitation for bids or request for proposals.
Renumbered and Amended by Chapter 382, 2008 General Session