Skip to main content

74 O.S. § 85.6. Grade and Quality of Merchandise Delivered

State agencies shall have the right to question the grade and quality of any merchandise delivered to the agency. The Central Purchasing Division must determine, through post award contract administration procedures, whether the supplies and services meet the grade and quality specified in the contract, and take remedial action with the appropriate supplier if the supply or service does not.

Associated Rules

  1. Time of award. The contract award shall be made upon completion of bid evaluation and associated administrative tasks necessary to complete the acquisition. State agency personnel shall not announce or reveal their decision regarding supplier evaluation or recommendation for award in any public manner or forum, until the State Purchasing Director has issued the award of contract. 
  2. Reasons for bid rejection. The State Purchasing Director may reject a bid when the bid is determined to be non-responsive or the bid is from a supplier who is not responsible, for reasons included, but not limited to, those listed in 260:115-7-32. 
  3. Notification of successful bidder. The State Purchasing Director shall notify the successful bidder within five (5) business days of the contract award. 
  4. Public inspection. The evaluation documentation shall be open for public inspection, upon request, following contract award. 

  1. Delivery. A supplier shall deliver acquisitions to a state agency within time periods the contract specifies. 
  2. Inspection. Unless otherwise provided in the contract documents, the state agency shall inspect acquisitions from the supplier within a reasonable time after supplier delivery. 
  3. Rejection. The state agency shall reject acquisitions from the supplier that do not meet specifications or other terms and conditions of the contract. The supplier shall pay costs to retrieve and replace acquisitions that do not meet specifications with a conforming item or service. 
  4. Acquisition title. Title to acquisitions shall not pass from the supplier to the state agency until the state agency receives, inspects and accepts the items. The state agency shall document, at a minimum, 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. 
  5. Subcontractor performance. A supplier shall be responsible for the performance of subcontractors. The supplier shall provide a single point of contact for the state agency when the supplier uses subcontractors. The supplier shall notify the state agency and the Central Purchasing Division if the supplier uses a subcontractor the supplier did not disclose in the supplier’s bid. 
  6. Contract changes. If a supplier determines a requested change to the contract or performance exceeds the original scope of the solicitation, the supplier shall notify the State Purchasing Director or the state agency. No changes shall be made prior to the approval of a change order in accordance with Section 260:115-9-3. 
  7. Contract assignment. A supplier shall not assign or subcontract a contract to another supplier, individual, business entity or organization unless otherwise specified in the solicitation. 
  8. Performance evaluation. 
    1. State agencies shall develop a process to consistently assess and document the quality of products and/or services acquired from a supplier. 
    2. State agencies shall retain written documentation of evaluation of the performance of services provided pursuant to a professional services contract with the acquisition file. If the evaluation indicates deficiencies with the supplier’s work, the state agency shall submit a Professional Service Evaluation to the State Purchasing Director. [Reference 74 O.S. §85.41] 

  1. Supplier invoice submission. Following transfer of title of an acquisition to a state agency, the supplier shall submit invoices to the state agency. 
  2. Advance payment for acquisitions. The state agency shall not pay for acquisitions a supplier has yet to deliver, unless otherwise authorized by law. 
  3. Payment and state agency acceptance. State agency payment to a supplier for an acquisition may not constitute final acceptance of the acquisition by the state agency. If subsequent state agency inspection affirms that the acquisition does not meet or exceed the specifications of the contract, or that the acquisition has latent defects, the state agency shall notify the supplier. The supplier shall retrieve and replace the acquisition at the supplier’s expense, or the state agency shall request a refund from the supplier if the supplier is unable to replace the acquisition. 

  1. Quality assurance inspections by state agencies. A state agency must establish quality assurance procedures that ensure timely and thorough inspection of acquisitions delivered to the agency. It is critical that problems with delivery or the quality of the acquisition delivered be promptly communicated to the agency’s primary procurement official and the State Purchasing Director. 
  2. Resolution of dispute between a state agency and supplier. Whenever a supplier provides a state agency with defective products or fails to perform in accordance with contract requirements, a state agency shall notify the supplier in writing of the deficiency and include information necessary for the supplier to resolve the problem. If the state agency and supplier are unable to resolve the dispute, the state agency shall submit a written request for dispute resolution to the State Purchasing Director. 
  3. State agency submission of supplier performance evaluation form. A state agency shall request the State Purchasing Director seek dispute resolution by submitting a Supplier Performance Quality Report, whenever a supplier: 
    1. fails to timely retrieve and replace an acquisition that does not meet or exceed contract specifications; 
    2. does not refund payment for an acquisition that does not meet or exceed contract specifications; or, 
    3. fails to resolve any other problem that conflicts with the contract specifications in a timely manner. 
  4. State Purchasing Director dispute resolution action. 
    1. State Purchasing Director resolves dispute. If the State Purchasing Director resolves the dispute, the supplier and state agency shall be notified of the dispute resolution terms and conditions. 
      1. Supplier fails to meet terms or conditions. If the supplier fails to meet terms or conditions of the dispute resolution, the State Purchasing Director shall terminate the contract between the supplier and the state agency, and may suspend the supplier. 
      2. State agency fails to meet conditions. If the state agency fails to meet conditions of the dispute resolution, the State Purchasing Director may order an audit of the state agency’s acquisitions pursuant to 260:115-5-19. 
    2. State Purchasing Director fails to resolve the dispute. If the State Purchasing Director fails to resolve the dispute between the state agency and the supplier, the State Purchasing Director shall take an action in this subparagraph. 
      1. Supplier fails to meet terms and conditions. If the State Purchasing Director determines that the supplier fails to meet terms and conditions of the contract, the State Purchasing Director shall terminate the contract between the supplier and the state agency, and may suspend the supplier. 
      2. State agency fails to meet contract terms and conditions. If the State Purchasing Director determines that actions of the state agency fail to meet terms of the contract, the State Purchasing Director may order an audit of the state agency’s acquisitions pursuant to 260:115-5-19. 

Purchasing Reference Guide

References

Administrative Rules

Back to Top
Back to top

Oklahoma Office of Management and Enterprise Services
2401 N Lincoln Blvd.
Oklahoma City, OK 73105

 

 

Contact Us