SECTION 20.483. Inspection and/or Testing

(a) Items are selected for inspection and/or testing under the following conditions:

(1) Notice from a using qualified ordering entity. If a using qualified ordering entity determines that any supplies, materials, services, or equipment received do not meet specifications, it is the responsibility of the qualified ordering entity to notify the division in writing detailing the reasons why the item received does not meet the specifications of the contract.

(2) Notice from purchaser. The various purchasers within the division may "flag" purchase orders at time of issue with a request for inspection and/or testing of the items purchased after their arrival at the receiving qualified ordering entity.

(3) Previous experience with products and/or vendors. The comptroller's inspector may direct inspections and/or testing of products based on previous experience of deficiency of the products or of vendors delivering products other than those specified on the purchase order.

(4) Items selected at random. The comptroller's inspector may direct inspections and/or testing of items selected from purchase orders at random for spot checking.

(5) Request from contractor. A contractor may request the inspection of items purchased prior to or after delivery of the items to the qualified ordering entity. Such inspections are made only upon the approval of the director.

(6) Certificate and/or test report from independent testing laboratory. When deemed necessary, the division may require a respondent and/or the contractor to supply a certificate and/or a test report from an independent testing laboratory showing that the product offered or delivered meets or exceeds the requirements of the specification and/or contract.

(7) In-plant inspection. When approved by the director, certain items may be inspected by comptroller personnel or the comptroller's designated agent in the plant of the manufacturer during the process of manufacture. Examples of the type of items so inspected include school buses, paint, retreating rubber for tires, etc. Products not meeting specifications may be rejected prior to shipment.

(b) Qualified ordering entities shall be responsible for the initial inspection and testing of all purchases. Inspection and testing will be done in accordance with instructions issued by the division. Appropriate forms may be devised to assist the qualified ordering entities in carrying out this duty.

(c) In addition to random inspections, the director may direct that follow-up inspections be conducted of purchases which fail initial agency inspections to verify if specifications are met. The director will coordinate with the purchaser as required to carry out these duties.

(d) Reports of findings on inspections and/or tests of materials, supplies, services, and equipment are filed with the division for recording and/or proper action to eliminate the problem.

Source Note: The provisions of this §20.483 adopted to be effective January 24, 2017, 42 TexReg 240