TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT RULES
CHAPTER XXXIII: OFFICE OF THE LT. GOVERNOR
PART 1600 OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES
SECTION 1600.7015 INSPECTIONS


 

Section 1600.7015  Inspections

 

a)         Inspection of Plant or Site

The OLG may enter, or authorize CMS to enter, a vendor's or subcontractor's plant or place of business to:

 

1)         inspect supplies or services for acceptance by the State pursuant to the terms of a contract;

 

2)         audit the books and records of any vendor or subcontractor pursuant to Section 1600.7020 (Records and Audits) of this Part;

 

3)         investigate an action to debar or suspend a person from consideration for award of contracts pursuant to the Code;

 

4)         determine whether the standards of responsibility have been met or are capable of being met;

 

5)         determine if the contract is being performed in accordance with its terms; and

 

6)         accomplish any other purpose permitted by law.

 

b)         Inspection and Testing of Supplies and Services

 

1)         Solicitation and Contractual Provisions.  Contracts of the OLG may provide for the inspection of supplies and services at the vendor's or subcontractor's facility and performance tests to determine whether the supplies or services conform to solicitation requirements, or, after award, to contract requirements, and are therefore acceptable.  Such inspections and tests shall be conducted in accordance with the terms of the solicitation and contract and may be conducted by CMS on behalf of the OLG.

 

2)         Procedures for Trial Use and Testing.  The Procurement Officers may establish operational procedures, or may rely on such procedures established by CMS, governing the testing and trial use of equipment, material, and other supplies by the OLG, and the application of resulting information and data to specifications or procurements.

 

c)         Conduct of Inspections

 

1)         Inspectors.  Inspections or tests shall be performed so as not to unduly delay the work of the vendor or subcontractor.  No inspector other than the Procurement Officer may change any provision of the specifications or the contract without written authorization of the Procurement Officer.  The presence or absence of an inspector shall not relieve the vendor or subcontractor from any requirements of the contract.

 

2)         Location.  When an inspection is made in the plant or place of business of a vendor or subcontractor, such vendor or subcontractor shall provide without charge all reasonable facilities and assistance for the safety and convenience of the person performing the inspection or testing.

 

3)         Time.  Inspection or testing of supplies and services performed at the plant or place of business of any vendor or subcontractor shall be performed at reasonable times.

 

d)         Inspection of Construction Projects

On-site inspection of construction shall be performed in accordance with the terms of the contract.