Section 3-128-3 - Cooperative purchasing agreements between procurement units All cooperative purchasing agreements shall provide that:
(1) A procurement unit shall be designated as lead agency for the procurement;(2) An order for any good or service shall be placed on an as needed basis by the participating procurement units in accordance with the terms and conditions of the agreement;(3) Payment for any good or service shall be the exclusive responsibility of the procurement unit which placed the order;(4) Inspection and acceptance of any good or service shall be the exclusive obligation of the procurement unit which placed the order;(5) The lead agency for the procurement may terminate the cooperative agreement with a procurement unit for failure of that unit to comply with the terms of the contract;(6) The exercise of any warranty rights attached to any good or service obtained through a purchase order shall be the exclusive right of the procurement unit which placed the order; and(7) Failure of a procurement unit that is procuring the good or service from a cooperative agreement contract to secure performance from the contractor pursuant to its terms and conditions, may not necessarily preclude the remaining procurement units from obtaining goods and services from the cooperative agreement contract.[Eff 12/15/95; am and comp 11/17/97; am and comp 11/5/01; am and comp 11/25/02; am and comp AUG 24 2009] (Auth: HRS § 103D-202) (Imp: HRS §§ 103D-802, 103D-803)