6.6.3.1 Acceptance of Supplies

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The acceptance of supplies is performed by the competent body (Acceptance Committee) which is appointed by the Contracting Authority pursuant to the applicable regulatory provisions. The decisions of the Acceptance Committee shall be taken by majority vote which is the reason why the Committee comprises an odd number of members.

The Acceptance Committee for every delivery of supplies, is required to perform checks of the supplies delivered and depending on its findings to proceed with the acceptance or rejection of the relevant supply. The examination conducted on the supplies during the acceptance procedure may be:

Quantitative (macroscopic): In a case where the Terms of Reference provide only for the macroscopic examination of the supplies, the Acceptance Committee issues, a Certificate of Acceptance or Rejection depending on the case, in the form specified in Annex 6-714 [ The templates of the Acceptance and Rejection Certificates are the respective Annexes II and III of the Circular 6/2004 issued by the Competent Authority for Public Procurement. ] and Annex 6-8 respectively. It is noted that, during the macroscopic examination of supplies, the Contractor is always invited to attend if he wishes to do so.

       The drafting of the certificate following the end of the macroscopic examination must not be further from the date of delivery of the supplies by more than 20 days (unless otherwise specified in the contract). In a case where the period of 20 days lapses (or as many days as specified in the contract) and the Acceptance Committee has not drafted the certificate, the supplies are automatically considered as accepted.

Quantitative and Qualitative: In a case where the Terms of Reference also provide for the performance of quality control, then there is a Certificate of Temporary Acceptance and Sampling Report issued in the form specified in the Annex 6-915 [ The sample of the Provisional Acceptance Certificate and Sampling Minutes is the Annex III of Circular 6/2004 issued by the Competent Authority for Public Procurement. ] upon the end of the macroscopic examination, with a view to conduct the provisioned tests and examinations in each case. In the case where required in the Terms of Reference, the Contractor is obligated to produce to the Project Manager the manufacturer test results or production data of the supplies or, materials and drawings that may be required to conduct the quality control. Following the end of the provisioned in each case tests and examinations for the needs of quality control, the Acceptance Committee issues the Certificate of Final Acceptance or Rejection of the supplies (in accordance with the tempaltes of the Annexes 6-7 and 6-8). In case of rejection, the Acceptance Committee must determine in the certificate the specific deviations from the terms of the Contract that the supplies show and the reasons for the rejection.

     The drafting of the Certificate of Temporary as well as Final Acceptance or the Certificate of Rejection must not be further from the date of delivery of the supplies or date of completion of the quality control testing and examinations respectively, by more than 20 days (unless otherwise specified in the contract). In a case where the period of 20 days lapses (or as many days as specified in the contract) and the Acceptance Committee has not drafted the certificate, the supplies are automatically considered as accepted or finally accepted respectively.

       As long as any deficiencies or defects are found during the quality control, that prevent the final acceptance of the supplies, the Contracting Authority may allow the Contractor the restoration of these deficiencies or defects and the Contractor, in this case, is required to immediately proceed with the required actions in each case16 [ Note that, the Contractor bears no responsibility for deficiencies or defects that are caused by omission on behalf of the Contracting Authority regarding any proposal of the Contractor, or claim by the Contractor to enforce a decision or proposal with which the Contractor disagrees or for which he expresses serious reservation, or inappropriate execution of the instructions of the Contractor by the employees or independent Contractors of the Contracting Authority. ]. Following the restoration of the deficiencies or defects by the Contractor, the Acceptance Committee must repeat the quality control procedure for the supplies that presented deficiencies or defects and the results of the repeated control in this case shall be final.

The Acceptance Committee is entitled to examine the possibility of accepting supplies which following the conduct of the specified testing and examinations are proven to show deviations that are not material (minor) in relation with the specifications or the terms of the Contract, do not affect the use of the supplies and do not incur any material cost for the Contracting Authority. In such a case, the Acceptance Committee must record the events and its proposal for acceptance of the supplies at a reduced price, in a special Report (in accordance with the template of the Annex 6-1017 [ The template of the Report drafted by the Acceptance Committee for reference to the Competent Committee for Variations and Claims is the Annex IV of Circular 6/2004 issued by the Competent Authority for Public Procurement. ]), which must refer to the competent Committee for Variations and Claims for its final ruling. The proposal of the Acceptance Committee to reduce the price shall be handled as a claim of the Contracting Authority from the Contractor (see paragraph 6.5.4 "Claims Management"). The Acceptance Committee must proceed, once it has been notified of the decision by the competent Committee for Variations and Claims, with the issue, depending on the case, of a Certificate of Acceptance or Rejection.

For the purposes of proper management, monitoring and control of the contracts, the Project Manager is required to maintain a Certificate Log, a template of which is given in the Annex 6-1118 [ The template of the Acceptance/ Rejection Certificates Log for Supplies is the Annex V of Circular 6/2004 issued by the Competent Authority for Public Procurement. ].

Note that in the case of acceptance of the supplies the relevant certificate of acceptance must definitely accompany the invoice forwarded to the accounting office for payment.

In the case of final rejection of the contractual quantity, in whole or in part, of the supplied products, the Contracting Authority, by its decision, may approve the replacement of the specific quantity with another, which will be in accordance with the terms of the Contract within a set deadline defined by such decision. This deadline cannot be greater than half of the total contractual time of delivery, in a case where the replacement is made following the expiration thereof. If the Contractor fails to replace the supplies that were rejected within the deadline set for him and provided that the contractual time has expired, the Contracting Authority declares him forfeited and he is subject to the provisioned sanctions (see paragraph 6.5.7 "Contract Termination"). In this case the Contracting Authority is entitled to procure similar supplies from another source and claim any additional expenses or damages from the Contractor.


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