Section 3-149-203 - Contract requirement(a) Every contract awarded under chapter 103P, HRS, shall be made in writing as provided herein before any funds are disbursed by a purchasing agency, or any services are provided by a provider.(b) Selection of contract form. A purchasing agency may use any of the following methods for preparing a written contract as required in subsection (a): (1) Standard forms, A purchasing agency may always use the standard form contracts prepared by the attorney general pursuant to subsection (c).(2) Purchase order. A purchasing agency may use a purchase order for procurements less than $25,000 made under the treatment and small purchase of service methods if the purchasing agency determines, in its discretion, that the state's legal interests are adequately protected without the use of a formal written contract.(3) Form generated by the purchasing agency. A purchasing agency may generate its own forms of contract by following the procedures in subsection (e).(c) Standard contract forms from attorney general. The attorney general shall provide standard forms of contract for each purchase of service method established under chapter 103F, HRS. Purchasing agencies may use the standard forms without seeking approval as to form from the attorney general, except where there has been a substantial change to the forms.(d) Additional contractual conditions. In addition to the contractual conditions in the standard form contracts provided by the attorney general, the head of a purchasing agency may impose other such requirements on a provider as may be necessary to ensure compliance with statutes, these rules, and other such requirements for the receipt of state or federal funds.(e) Procedure for submission of contract form to attorney general. Every form of contract generated by a purchasing agency other than provided for in subsections (b)(1) and (b)(2), shall be submitted to the attorney general along with a memorandum that explains how the purchasing agency's proposed form of contract addresses the following issues: (1) The uncertainties which may be involved in contract performance and how the purchasing agency's form of contract addresses these uncertainties;(2) The factors which made the standard forms provided by the attorney general inappropriate;(3) A summary of how the proposed form of contract addresses the following issues: (D) Compliance with laws governing antidiscrimination, access and accommodations for persons with disabilities, and other highly-regulated areas;(F) Liability insurance; and(4) The urgency of the requirement.[Eff 6/19/99; am and comp JAN 23 2006] (Auth: HRS § 103F-106) (Imp: HRS § 103F- 409)