| (a) When a contractor's goods or services fail to meet
contract specifications, the comptroller shall consider:
(1) the degree and nature of the variation between
the contract specifications and the specifications of the goods or
services actually delivered or offered for delivery;
(2) whether the variation creates a hazard to life,
health, safety, welfare or property;
(3) whether the contractor knew of the variation when
the bid was submitted or when the goods were delivered;
(4) whether the failure to meet specifications adversely
impacts the use of other goods or services;
(5) the ability of the contractor to provide the goods
or services that do comply with the required specifications;
(6) the amount of economic loss to the state; economic
loss includes, but is not limited to, costs arising from delay, training
of employees, lost productivity, procuring substitute goods or services
and any other cost, direct or indirect, arising out of the failure
to meet specifications; and
(7) any other factors the comptroller determines are
relevant to ensure protection of the state's interest; the comptroller
shall specify such other factors in a finding made pursuant to §20.586
of this title (relating to Procedures for Investigations and Debarment).
(b) In addition to the comptroller, any state agency,
including an institution of higher education, may determine that goods
and services fail to meet specifications. Where that determination
is made by an entity other than the comptroller, the comptroller is
authorized to act against the contractor without further testing and
inspection of the goods and services.
|
