1. (a)

   1. (1) The State Procurement Director shall procure or supervise the procurement of all commodities and services for each state agency not having an agency procurement official and, when requested to do so by such an official, procure commodities and services not otherwise under state contract.
   2. (2) However, in every instance the using agency or college or university receiving commodities or services under the contract shall be responsible for ensuring that commodities and services conform to the necessary specifications, terms, and conditions of the contract.

   3. (3)

      1. (A) Unless otherwise agreed, and subject to other applicable law, where commodities are tendered or delivered or identified to the contract for sale, the using agency has a right, before payment or acceptance, to inspect them at any reasonable place and time and in any reasonable manner.
      2. (B) When the seller is required or authorized to send the commodities directly to the using agency, the inspection may be after their arrival.
   4. (4) Using agencies are to provide assessments of the vendor’s performance of services as required under Arkansas Code § 19-11-268.
2. (b) Examination of commodities and services may, where and when necessary, include laboratory testing and/or simulation studies.

Codification Notes: This section was promulgated as R1:19-11-217 of the Procurement Rules prior to codification into the Code of Arkansas Rules.