§103D-326 - Fiscal responsibility.
[§103D-326] Fiscal responsibility. Everycontract modification, change order, or contract price adjustment under acontract shall be subject to prior written certification by the appropriatefiscal officer for funding the project or the contract, as to the effect of thecontract modification, change order, or adjustment in contract price on thetotal project budget or the total contract budget. In the event that thecertification of the fiscal officer discloses a resulting increase in the totalproject budget or the total contract budget, the procurement officer shall notexecute or make such contract modification, change order, or adjustment incontract price unless sufficient funds are available therefor, or the scope ofthe project or contract is adjusted so as to permit the degree of completionthat is feasible within the total project budget or total contract budget as itexisted prior to the contract modification, change order, or adjustment incontract price under consideration; provided, that with respect to thevalidity, as to the contractor, of any executed contract modification, changeorder, or adjustment in contract price which the contractor has reasonablyrelied upon, it shall be presumed that there has been compliance with thissection. [L Sp 1993, c 8, pt of §2]