Ala. Admin. Code r. 355-4-1-.05

Current through Register Vol. 42, No. 10, July 31, 2024

Section 355-4-1-.05 - Performance

(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.

Ala. Admin. Code r. 355-4-1-.05

Filed September 30, 1982. Amended: Filed December 6, 198 9; effective January 15, 1990. Repealed and New Rule: Filed November 15, 2001; effective December 20, 2001. Amended: Filed January 18, 2008; effective February 22, 2008.

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.