Haw. Code R. § 3-56-5 - General Provisions

Current through February, 2022

(a) The processing of a VECP shall be similar to that for any proposed contract change order and shall be regarded only after the public works contract is awarded. The inclusion of the VEIC in the bidding documents shall not be construed to have an effect on the bids or the selection of a contractor.
(b) Nothing herein shall be construed to mean that the state must accept or approve any or all VECP submitted under the terms of the VEIC. The contracting officer's interpretation and findings relative to the impairment of the functions or characteristics of the item or items covered by the VECP shall be final.
(c) Adjustment in contract prices and allowances for implementation costs under the VEIC and these rules shall only be considered if and when the VECP is approved by the contracting officer. The receipt of the VECP by the Slate or a verbal acceptance of a VECP by any employee of the State shall not obligate the State to accept the VECP.
(d) The contracting officer may impose, as a condition of acceptance of any VECP, a requirement that the contractor warrant the statements, claims and other information contained in the VECP regarding essential functions and characteristics such as service life reliability, economy of operation, ease of maintenance, and desired appearance, such Warranty to be for an appropriate period to be determined by the contracting officer. 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 exhibit entitled "Examples of Documents that may be used to Implement a VECP," dated Nov. 1980, at the end of this section is made a part of this section for purposes of information and clarification only.

Notes

Haw. Code R. § 3-56-5
[Eff. MAR 30 1981] (Auth: HRS § 103-49) (Imp: HRS § 103-49)

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