§ 29-354. Contract clauses and their administration.

(a)

Contract clauses. The unified government administrator shall promulgate regulations requiring the inclusion in unified government construction contracts of clauses providing for adjustments in prices, time of performance, or other contract provisions as appropriate and covering the following subjects:

(1)

The unilateral right of the unified government to order in writing:

a.

Changes in the work within the scope of the contract; and

b.

Changes in the time of performance of the contract that do not alter the scope of the contract work;

(2)

Variations occurring between estimated quantities of work in a contract and actual quantities;

(3)

Suspension of work ordered by the unified government; and

(4)

Site conditions differing from those indicated in the contract, or ordinarily encountered, except that differing site conditions clauses promulgated by the unified government administrator need not be included in a contract:

a.

When the contract is negotiated;

b.

When the contractor provides the site or design; or

c.

When the parties have otherwise agreed with respect to the risk of differing site conditions.

(b)

Price adjustments.

(1)

Adjustments in price pursuant to clauses promulgated under subsection (a) of this section 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 such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon;

d.

In such 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 unified government of the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as computed by the unified government in accordance with applicable sections of the regulations promulgated under section 29-395 and subject to the provisions of article IX of this chapter.

(2)

A contractor shall be required to submit cost or pricing data if any adjustment in contract price is subject to the provisions of section 29-200.

(c)

Additional contract clauses. The unified government administrator shall promulgate regulations requiring the inclusion in unified government construction contracts of clauses providing for appropriate remedies and covering the following subjects:

(1)

Liquidated damages as appropriate;

(2)

Specified excuses for delay or nonperformance;

(3)

Termination of the contract for default; and

(4)

Termination of the contract in whole or in part for the convenience of the unified government.

(d)

Modification of required clauses. The purchasing director or the head of a procuring agency may vary the clauses promulgated by the unified government administrator under subsections (a) and (c) of this section for inclusion in any particular construction contract; provided that any variations are supported by a written determination that states the circumstances justifying such variations and provided that notice of any such material variation be stated in the invitation for bids or request for proposals.

(Ord. No. 64497, § 1(5-301), 6-27-1983)