Section 3-122-102 - Contract not binding unless funds available(a) Certification that there is an appropriation or balance of an appropriation sufficient to cover the amount required by the contract as well as the application of federal funds shall comply or be exempt under section 103D-309, HRS.(b) Additional certification exceptions are for the following types of contracts for which the respective chief financial officer shall only be required to certify that there is an appropriation or balance of an appropriation over and above all outstanding contracts that is sufficient to cover the amount required to be paid under the contract during the initial fiscal period and the contractual obligation of both parties in each fiscal period succeeding the first is subject to the appropriation and availability of funds: (1) A lease contract pursuant to section 3-122-14 7; and(2) An installment purchase payment contract pursuant to section 3-122-148.(c) Certification of a portion of the total funds required for a contract may be permitted when an immediate solicitation will result in significantly more favorable contract terms and conditions to the State than a solicitation made at a later date; provided that certification for partial funding shall be permitted only if the respective chief financial officer, as the case may be, states in the certificate that the availability of funds in excess of the amount certified as available shall be contingent upon future appropriations or special fund revenues. All contracts partially funded shall be enforceable only to the extent to which funds have been certified as available.[Eff 12/15/95; am and comp 11/17/97; am and comp MAR 21 2008] (Auth: HRS § 103D-202) (Imp: HRS §§ 103D-309, 103D-315)