2.5.303    ENFORCING THE CONTRACT

(1) Except for items purchased and warehoused by the department's Surplus Property Program, agencies are responsible for receiving supplies and services and documenting acceptance or rejection.

(2) Agencies shall comply with the provisions of the Contract Management policy regarding documentation of "significant contract complaints, disputes, and terminations." The department adopts and incorporates by reference the Contract Management policy effective November 25, 2015. The policy may be found on the Montana Operations Manual web site at https://montana.policytech.com/docview/?docid=692&public=true&fileonly=true.

(3) For contracts established by the division on behalf of an agency, the division shall investigate complaints and attempt to resolve the problem to the agency's satisfaction. The division shall notify the complaining agency of any action taken as a result of the complaint.

(4) The state of Montana reserves the right to assess liquidated damages for failing to comply with delivery requirements indicated in the bid or proposal. This sum may be deducted from vendor payment for failure to deliver when specified. Liquidated damages should not be punitive and should only be used where it is difficult to determine actual damages at the time of contracting.

History: 18-4-221, MCA; IMP, 18-4-221, MCA; NEW, 1983 MAR p. 1918, Eff. 12/30/83; AMD, 1990 MAR p. 1770, Eff. 9/14/90; AMD, 2000 MAR p. 65, Eff. 2/1/00; AMD, 2007 MAR p. 1657, Eff. 10/26/07; AMD, 2014 MAR p. 1077, Eff. 5/23/14; AMD, 2016 MAR p. 1160, Eff. 7/9/16.