SECTION 752:11-3-9. Contract management

(a)   Contract performance. A supplier shall deliver acquisitions within time periods specified in the contract. The Authority shall inspect acquisitions within a reasonable time following supplier delivery. Nevertheless, the Authority may reject acquisitions from the supplier that do not meet specifications or other terms or conditions of the contract regardless of the timing of an inspection, and the supplier shall pay costs to retrieve and replace acquisitions that do not meet specifications with a conforming item or service. Title to goods and services does not pass to the Authority until it has received, inspected, and accepted the goods and services. The Authority will place in the acquisition file the date of delivery, the name and address of the supplier, a description of the goods received, and the signature of the receiving agency employee.

(b)   Change orders. Contracts awarded through formal or informal competitive solicitations pursuant to this Subchapter cannot exceed $50,000 with cumulative change orders without advertising for bids on that part of the contract which is in excess of $50,000. Contracts awarded through competitive sealed solicitation pursuant to this Subchapter may be increased by an amount that does not exceed 10 percent of the total acquisition purchase price. In determining the 10 percent dollar amount, the cumulative value of all change orders shall be compared to the original total acquisition price. [See 74 O.S. § 85.7(A)(2)(b)]

(c)   Advance payment. The Authority shall not pay for acquisitions a supplier has yet to deliver.

[Source: Added at 36 Ok Reg 1970, eff 9-18-19]