Current through November, 2024
Section 3-149-301 - Extension of existing contract during procurement process(a) In order to provide continuity of services during the procurement process, the term of a contract may be extended in accordance with this section until a new contract has been awarded and executed under the procurement procedures established by chapter 103F, HRS, and these rules.(b) Conditions for extension. A contract may be extended if all of the following conditions are met: (1) The extension will be made for the purpose of providing continuity of services during the period between: (A) The termination of the contract to be extended; and(B) The effective date of a contract to be awarded and executed through a pending procurement procedure;(2) The period of the extension will be for six months or less;(3) Funds to pay for the services during the extended term of the contract have been appropriated and are available; and(4) The terms and conditions of the contract to be extended: (A) Will remain substantially the same as the original contract, or the original contract as amended; or(B) Will be fair and reasonable.(c) Form and content of extension. Any extension made under this section shall be in writing, and by a supplemental agreement that: (1) States that an extension is being allowed pursuant to this section;(2) States that the extension will terminate in one hundred and eighty days, or when a replacement contract has been executed, whichever occurs first;(3) States that the terms and conditions for the extension will be the same as for the contract before the extension; and(4) Is signed by the provider and the purchasing agency.(d) Extension of contract available if not expired. An extension is available under this section provided the contract to be extended has not expired.[Eff 6/19/99; am and comp JAN 23 2006] (Auth: HRS § 103F-106) (Imp: HRS § 103F-413)