Section 3-122-133 - Restrictive or prohibitive use of certain types of contracts(a) Subject to the limitations of this section, any type of contract that will promote the purchasing agency's best interests may be used, except that cost-reimbursement and cost-plus-a-percentage-of-cost contracts are: (1) Restricted to only when the chief procurement officer determines in writing that the contracts are likely to be less costly than any other type of contract or that it is impracticable to obtain the goods, services, or construction required except by means of the contracts.(2) Prohibited if their use would jeopardize the receipt of federal assistance moneys or reduce the amount of the assistance under any applicable federal statute or regulation.(b) Award of a cost-plus-a-percentage-of-cost contract may not be made unless: (1) Notice is given to the head of the compliance audit unit, president of the senate, speaker of the house of representatives, and the chairpersons of the senate ways and means and house finance committees; and(2) Notice is conspicuously posted in an area accessible to the public in the office of the procurement officer and available for public inspection during normal business hours.(c) The determinations required by this section shall be final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law.[Eff 12/15/95; am and comp 11/17/97; comp MAR 21 2008] (Auth: HRS §§ 103D-202, 103D-313, 103D-318) (Imp: HRS §§ 103D-313, 103D-318)