Perifiton en el Sistema de Cultivo de Camarón

a. The Government’s Inspection Rights.

i. The OCFO has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The COTR must perform inspections and tests in a manner that will not unduly delay the work. ii. If the OCFO performs inspections or tests on the premises of the Contractor or

subcontractor, the Contractor shall furnish, without additional charge, all reasonable facilities and assistance for the safety and convenient performance of these duties. iii. If any of the services do not conform to the contract requirements, the OCFO may

require the Contractor to re-perform the services in a manner that complies with contract requirements, at no increase in contract amount. When the defects in services

cannot be corrected by performance, the OCFO may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and reduce the contract price to reflect value of services performed.

b. The Contractor’s Obligations.

i. The Contractor must maintain an inspection system acceptable to the OCFO covering the services under this contract. Complete records of all inspection work performed by the Contractor must be maintained and made available to the OCFO during contract performance and for as long afterwards as the contract requires.

ii. If the Contractor fails to promptly re-perform rejected services or take the necessary action to ensure future performance in conformity to contract requirements, the OCFO may (1) by contract or otherwise, perform the services and charge the Contractor any cost incurred by the OCFO that is directly related to the performance of such services, or (2) terminate the contract for default.

c. COTR’s Responsibilities. If the COTR rejects or demands re-performance of services, the reasons for the non-acceptance must be documented and the COTR must promptly notify the Office of Contracts. If the COTR determines that the performance of the services do conform with the contract, no further action is required other than noting that acceptable services have been rendered when the Contractor submits its invoice.

6. Acceptance of Alternative Performance. To meet a contractual delivery date/schedule, it may be appropriate for a Contractor to offer performance that does not strictly comply with the

requirements of the contract. In certain circumstances, this may be acceptable to the OCFO, as described below. 27 DCMR § 4013.6.

a. If the terms and conditions of the purchase order or contract authorize acceptance of alternative performance, then such procedure should not raise any legal issues.

b. If the terms and conditions of the purchase order or contract do not authorize acceptance of alternative performance, then a vendor that was not initially selected could have legitimate grounds to challenge the decision. If alternative performance is not specified in the contract or purchase order and it is absolutely necessary for the OCFO to have the goods of services by the specified date, it may be advisable to accept the substitution, if the substitution meets the needs requested. The Contracting Officer or delegate are the only individuals authorized to accept alternative performance.

c. In either case, if alternative performance is accepted, it is the responsibility of the Office of Contracts to seek and obtain a reduced price for the substitute deliverables. 27 DCMR § 4013.10.

7. Acceptance. Acceptance is the act of an authorized representative of the government that asserts ownership of identified supplies tendered or approves specific services performed in partial or complete fulfillment of contractual requirements. Acceptance, whether formal or implied, is binding only if made by the contracting officer. 27 DCMR 4019.

a. Acceptance has the effect of transferring title and risk of loss to the Government. 27 DCMR § 4022.1.

b. Acceptance gives the contractor the right to submit an invoice and receive payment. c. Acceptance is final and cannot be revoked by the Government, except in the following

circumstances:

i. Latent defects. Latent defects are those defects that may not become apparent until after the goods or services have been accepted. The most thorough inspection and testing procedures may not detect all defects. For example, software may pass acceptance testing, but cause a system crash after installation because of an undetectable error in the software code.

ii. Fraud. If the Government’s acceptance was induced by Contractor fraud, the

Government may revoke its acceptance. For example, if the Government accepted a supply item based on falsified test results submitted by the Contractor, acceptance may be revoked.

iii. Gross mistakes amounting to fraud. Gross mistake occurs when the Contractor acts with reckless disregard, which causes the Government to accept performance. For example, if a deliverable passes a test administered by the Contractor, but the Contractor failed to follow established test procedures, the Government may revoke acceptance.

iv. As otherwise provided for in the contract, e.g., warranties. A warranty would authorize the Government to seek remedies against the contractor after acceptance. The defect must be within the scope of the warranty and notification must be given to the Contractor within the warranty period.