Section R7-2-1192. Contract Provisions in a Cooperative Purchasing Agreement

Any contract entered pursuant to R7-2-1191 shall provide that:

1.        Payment for materials and services and inspection and acceptance of materials or services ordered by an eligible procurement unit under a cooperative purchasing agree- ment shall be the exclusive obligation of such procure- ment unit;

2.        The exercise of any rights or remedies by a using eligible procurement unit shall be the exclusive obligation of such procurement unit. The administering public procurement unit, as the contract administrator and without subjecting itself to any liability, may join in the resolution of any controversy;

3.        Any school district may terminate without notice any cooperative purchasing agreement if another eligible pro- curement unit fails to comply with the terms of the con- tract;

4.        Failure of an eligible procurement unit to secure perfor- mance from the contractor in accordance with the terms and conditions of its purchase order does not necessarily require any other eligible procurement unit to exercise its own rights or remedies; and

5.        An eligible procurement unit shall not use a cooperative purchasing contract as a method for obtaining conces- sions or reduced prices for non-contract purchases of sim- ilar materials or services.

Historical Note

Adopted effective December 17, 1987 (Supp. 87-4). Sec- tion amended by final exempt rulemaking at 21 A.A.R.

1525, effective July 1, 2015 (Supp. 15-3).