Haw. Code R. § 3-149-303 - Amendment of contracts
(a) Every amendment to a contract awarded under chapter 103P, HRS, shall be made in accordance with this section.
(b) Form of amendment. Every amendment shall be made in writing, and signed by both parties.
(c) Procedures for amendment. The head of a purchasing agency may negotiate to amend an existing contract at any time provided that the amendment does not constitute a fundamental change.
(d) Fundamental change. A fundamental change to a contract is one which is so great that a reasonable purchasing agency would in light of all the circumstances, re-procure the required services instead of amending an existing contract in order to assure that the state is receiving the most advantageous bargain. In the case of a contract awarded under chapter 3-144, 3-145, 3-146 or 3-147, a fundamental change is also any change that would result in an amendment that would exceed the scope of the chapter of these rules under which the contract was originally awarded.
Notes
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