2010 Utah Code
Title 63G - General Government
Chapter 06 - Utah Procurement Code
63G-6-601 - Required contract clauses -- Computation of price adjustments -- Use of rules and regulations.

63G-6-601. Required contract clauses -- Computation of price adjustments -- Use of rules and regulations.
(1) Rules and regulations shall require for state construction contracts and may permit or require for state contracts for supplies and services the inclusion of clauses providing for adjustments in prices, time of performance, or other appropriate contract provisions, and covering the following subjects:
(a) the unilateral right of the state to order in writing changes in the work within the scope of the contract and changes in the time of performance of the contract that do not alter the scope of the contract work;
(b) variations occurring between estimated quantities of work in a contract and actual quantities;
(c) suspension of work ordered by the state; and
(d) site conditions differing from those indicated in the construction contract, or ordinarily encountered, except that differing site conditions clauses required by the rules and regulations need not be included in a construction contract when the contract is negotiated, when the contractor provides the site or design, or when the parties have otherwise agreed with respect to the risk of differing site conditions.
(2) Adjustments in price pursuant to clauses promulgated under Subsection (1) shall be computed in one or more of the following ways:
(a) by agreement on a fixed price adjustment before commencement of the pertinent performance or as soon thereafter as practicable;
(b) by unit prices specified in the contract or subsequently agreed upon;
(c) by the costs attributable to the events or situations under the clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon;
(d) in any other manner as the contracting parties may mutually agree; or
(e) in the absence of agreement by the parties, by a unilateral determination by the state of the costs attributable to the events or situations under the clauses with adjustment of profit or fee, all as computed by the state in accordance with applicable sections of the rules and regulations issued under Subsection 63G-6-415(1) and subject to the provisions of Part 8, Legal and Contractual Remedies.
(3) A contractor shall be required to submit cost or pricing data if any adjustment in contract price is subject to the provisions of Section 63G-6-415.
(4) Rules and regulations shall require for state construction contracts and may permit or require for state contracts for supplies and services the inclusion of clauses providing for appropriate remedies and covering at least the following subjects:
(a) liquidated damages as appropriate;
(b) specified excuses for delay or nonperformance;
(c) termination of the contract for default; and
(d) termination of the contract in whole or in part for the convenience of the state.
(5) The contract clauses promulgated under this section shall be set forth in rules and regulations. However, the chief procurement officer or the head of a purchasing agency may modify the clauses for inclusion in any particular contract. Any variations shall be supported by a written determination that describes the circumstances justifying the variations, and notice of any material variation shall be included in the invitation for bids or request for proposals.

Renumbered and Amended by Chapter 382, 2008 General Session