Procurement Code - Modifications and Termination of Contracts for Supplies, Equipment and Services

A. Contract Clauses and Their Administration.

1. Contract Clauses. The District may promulgate regulations requiring the inclusion in District supplies, equipment and services contracts of clauses providing for adjustments in prices, time of performance or other contract provisions, as appropriate, and covering the following subjects

b. variations occurring between estimated quantities of work in a contract and actual quantities.

2. Price Adjustments. Adjustments in price shall be documented with a written change order. The price adjustment agreed upon shall approximate the actual cost to the contractor, and all costs incurred by the contractor shall be justifiable compared with prevailing standards, including a reasonable profit. The District may require that the costs be itemized and supported by substantiating data sufficient to permit evaluation before commencement of the pertinent performance or as soon thereafter as practicable.3. Additional Contract Clauses. The District shall be authorized to promulgate regulations requiring the inclusion in District supplies, equipment and services contracts of clauses providing for appropriate remedies and covering the following subjects;

a. specified excuses for delay or nonperformance;b. termination of the contract for default;

c. termination of the contract in whole or in part for the convenience of the District.

4. Modification of Clauses. The Procurement Officer may vary the clauses promulgated by the District under subsection 1 and subsection 3 of this section for inclusion in any particular District contract; provided, that any variations are supported by a written determination that states the circumstances justifying such variations; and provided, further, that notice of any such material variations shall be stated in the invitation for bids or request for proposals.