Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-4-1 - DIVISION OF PURCHASING › Section 355-4-1-.05 - Performance

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Shipping Authority
. The lowest responsible bidder will
			 receive a purchase order or notice of award from the Division of Purchasing.
			 Any vendor that delivers without a dulyauthorized purchase order does so at its
			 own risk.
(2)
New/Used/Altered Commodities
. All supplies
			 andequipment furnished must be new and in first class conditionunless the
			 purchase order specifically permits used items.Demonstration, previously
			 rented, or reconditioned items are notconsidered new. No new or used equipment
			 is acceptable if serialnumber or any other manufacturer's identifying label or
			 make hasbeen removed, obliterated, altered, or changed in any way.
(3)
Packaging
. All
			 goods must be packaged in newpacking containers. Packing that meets the
			 requirements of commoncarriers is acceptable, unless otherwise required. A
			 packingslip or invoice must accompany all shipments and must referencethe
			 purchase order and/or requisition number.
(4)
Back Orders
. If
			 it is necessary to back order anyitems, the vendor must notify the
			 requisitioning agency andadvise as to the expected shipping or delivery date.
			 If thisdate is not acceptable, the Division of Purchasing may seekremedies for
			 default.
(5)
Substitutions
. Substitutions on a purchase ordershall
			 require the approval of the Director of Purchasing. TheDivision of Purchasing
			 reserves the right to reject atdestination and hold at the vendor's risk and
			 expense any goodssupplied by the vendor which do not conform to the
			 specificationor description embodied in the order or are inferior in anyrespect
			 to the good specified. Any good bought by sample whichis inferior in quality to
			 the sample submitted by vendor will berejected. Any goods delivered that do not
			 meet specifications maybe returned to the vendor at its expense. When a good
			 isreturned, the vendor must make immediate replacement withacceptable
			 merchandise or the Division of Purchasing may seekremedies for
			 default.
(6)
Loss or
			 Damage in Transit
. Delivery by a vendorto a common carrier does
			 not constitute delivery to therequisitioning agency. Any claim for loss or
			 damage incurredduring delivery shall be between the vendor and the carrier.
			 Therequisitioning agency accepts title only after satisfactoryreceipt at the
			 delivery point. The requisitioning agency shallnote all visible damages on the
			 freight bill and may refuse thedamaged goods. The vendor shall make immediate
			 replacement ofthe damaged merchandise or be subject to damages for breach
			 ofcontract. If damage is to a small portion of a total shipmentand the agency
			 will not be inconvenienced because of theshortage, the vendor may be permitted
			 by the Director ofPurchasing to deduct the amount of damage or loss from
			 itsinvoice, in lieu of replacement. Risk of loss during delivery isborne by the
			 vendor until the goods have been accepted by therequisitioning agency, unless
			 otherwise specified in the ITB.
(7)
Freight
. Delivery points shall be established foreach
			 individual purchase in the manner determined by therequisitioning
			 agency.
(8)
Delivery
			 Time
. The number of calendar daysrequired for delivery after
			 receipt of a purchase order shall bestated in the ITB, and/or the purchase
			 order. When no time isstated in either document, the time shall be 14 calendar
			 daysafter receipt of order. If a shipment is not made within thetime period
			 specified, the purchase order may be canceled.
(9)
Receipt by Requisitioning
			 Agency
. If nototherwise stated in the order, a requisitioning
			 agency will besaid to have received goods when they have been
			 delivered,unloaded and placed on the agency's dock or if there is no
			 dock,inside an accessible building. Shipments will be checked againstthe
			 receiving copy of the purchase order. If the purchase orderrequires grading
			 certificates, USDA Stamps, or any proof ofquality, such proof must accompany
			 the shipment.
(10)
Inspection
. All materials, workmanship,equipment, and
			 supplies are subject to inspection and test at anyplace or time. Final
			 inspection, acceptance or rejection will bemade at delivery destination. Goods
			 that do not meetspecifications will be rejected unless substitutions have
			 beenapproved by the Director of Purchasing. Failure to inspect or toreject upon
			 receipt, however, does not relieve the vendor ofliability. When subsequent
			 tests, after receipt, are conductedand when such tests reveal a failure to meet
			 specifications, therequisitioning agency will reject the goods and the vendor
			 shallimmediately supply goods meeting specifications or the Divisionof
			 Purchasing may seek damages including but not limited to thetesting expense,
			 regardless of whether a part of or all of thegoods have been consumed through
			 the testing process. Rejectedgoods shall be removed by the vendor promptly
			 after rejection, atits expense. If not removed in fourteen (14) calendar days,
			 theymay be disposed of at the discretion of the requisitioning
			 agency.
(11)
Monitoring
			 of Services
. Performance of serviceswill be monitored by the
			 requisitioning agency and/or theDivision of Purchasing and evaluation reports
			 may be filed withthe Division of Purchasing. Performance not
			 meetingspecifications will result in cancellation of contract orpurchase order
			 and may result in vendor being removed from theVendor list.
(12)
Complaints About
			 Vendors
. Any deficiencies inproducts or vendor performance shall
			 be reported by therequisitioning agency to the vendor and the Division
			 ofPurchasing. Failure of a vendor to respond promptly may resultin cancellation
			 of the contract or purchase order and may subjectthe vendor to removal from the
			 Vendor List.
(13)
Default by Vendor
. In case of a default on acontract
			 and/or purchase order by a vendor, the requisitioningagency may procure the
			 goods or services from other sources andhold the vendor responsible for any
			 excess cost in price and/orhandling.
(14)
Cancellation of Purchase
			 Order/Contract
. Apurchase order can be canceled in whole or in
			 part when vendorfails to deliver or perform as specified. Cancellation of
			 apurchase order can only be made by a written purchase orderchange (POC) from
			 the Division of Purchasing. A term contractcan be canceled by the Division of
			 Purchasing, for justifiablecause, by giving the vendor thirty (30) days written
			 notice. Avendor may request cancellation and the Division of Purchasingmay
			 grant the request if performance is prevented by an act ofGod, act of War,
			 order of legal authority, or other unavoidablecircumstances not attributable to
			 the fault or negligence of thevendor. The burden of proof for such relief rests
			 with thevendor. All correspondence pertaining to cancellation of apurchase
			 order or term contract must be addressed to the Directorof Purchasing with a
			 copy to the requisitioning agency.Contracts for services may be cancelled, for
			 justifiable cause,by the Division of Purchasing, by giving the vendor 72
			 hours'written notice.
(15)
Payment Withheld
. Payment may be withheld untilall
			 items have been delivered and all requirements of thecontract or purchase order
			 have been fulfilled.
This rule was previously Rule No.
				  355-4-1-.04 (sametitle) as per certification filed November 15, 2001; effectiveDecember 20,
				  2001.
Author:
Alabama Department of Finance
Statutory Authority:
Code of Ala.
				  1975
, §
										41-4-35.