§ 2-13-262. Receipt; inspection; acceptance or rejection of deliveries/payment of purchases/contract audit.

(a)

Receipt of goods.

(1)

The using department is responsible for inspecting and accepting or rejecting deliveries.

(2)

The using department shall determine whether the quantity and quality of the goods meet the specifications of the purchase order or contract.

(3)

In the event that goods are unacceptable, when appropriate, the using department should notify the central purchasing department.

(4)

The using department shall notify the vendor of rejection and shall demand the vendor to promptly make satisfactory replacement or supplementary delivery.

(5)

In the event the vendor fails to cure the nonconforming delivery, the city has no obligation to pay for the nonconforming goods.

(6)

If delivery is acceptable, when appropriate, the using department should notify the central purchasing department.

(b)

Payment of purchases. Payment shall be made when the central purchasing department or using department acknowledges that the services, professional services, construction or items of personal property have been received and meet specifications unless prepayment is permitted by the city purchasing ordinance.

(c)

Audits.

(1)

The city may, at reasonable times and places, audit the books and records of any person, organization, or business who has submitted cost or pricing data to the extent that such books or records relate to the cost or pricing data.

(2)

Persons supplying cost or pricing data must maintain books and records that relate to such data for three (3) years from the date of final payment under the contract, unless a shorter period is authorized in writing by the procurement officer.

(3)

The provisions in subsections (c)(1) and (2) of this section relate to an audit of the books and records of any contractor or subcontractor under a negotiated contract or subcontract, other than a firm, fixed price contract.

(Ord. No. 1491 , § 3, 4-14-15)

State law reference

Receipt; inspection; acceptance or rejection of deliveries, § 13-1-157, NMSA 1879; payments for purchases, § 13-1-158, NMSA 1978.