Section 0690-03-01-.22 - INSTRUCTIONS FOR SOLICITATIONS AND CONTRACTS-DELIVERY AND COMMENCEMENT OF WORK(1) Each solicitation and each contract shall clearly state instructions for authorizing services or delivery of goods.(2) Except where exempt by these Rules or Central Procurement Office Policy, any Contracting Party who manufactures or delivers a product or service without an executed contract or a written purchase order and who delivers a product or service not specifically authorized by a contract or purchase order does so at his or her own risk.(3) A signed contract affixed with the signature of all necessary signatories required for approval, including any necessary electronic approvals, of a contract or a duly authorized and issued purchase order shall be sufficient to authorize a contractor or Grantee to deliver goods or perform services under a contract or purchase order. No official or employee of the State, except the Chief Procurement Officer, shall have the authority to authorize a Contracting Party to commence work before a contract has been duly approved and executed or a purchase order is issued according to these Rules.(4) All materials, equipment, supplies, and services are subject to inspection and testing. Items that do not meet contract specifications may be rejected in the sole discretion of the Chief Procurement Officer or the Delegated State Agency. Failure to reject upon receipt, however, does not relieve the contractor of liability. When subsequent tests are conducted after receipt and when such tests reveal damage or failure to meet specifications, the State may seek damages regardless of whether services have been performed or a part or all of the goods have been consumed.(5) Cancellation of State purchase orders may be executed by the Central Procurement Office or the Delegated State Agency. Purchase orders may be cancelled in writing by the Central Procurement Office in the case of a contractor default. A contractor may request cancellation in writing and the State may grant relief, in the sole discretion of the Chief Procurement Officer, if the contractor is prevented from performance by an act of war, order of legal authority, act of God, other unavoidable causes not attributed to the fault or the negligence of the contractor, or if doing so is in the State's best interests.Tenn. Comp. R. & Regs. 0690-03-01-.22
Original rule filed October 22, 2013; effective January 20, 2014.Authority: T.C.A. §§ 4-56-102 and 4-56-105.