Sec. 21.05.09.11. Use of State-Sponsored Contracts

A. The use of a State-sponsored contract by governmental entities who are potential participants is at the discretion of the governmental entity.

B. Participants may obtain their respective requirements by placing purchase orders or delivery orders against the State-sponsored contract in accordance with the contract.

C. Payment, inspection and acceptance, exercise of warranty rights, and other contract rights and obligations are the responsibility of the participant placing the purchase order or delivery order.

D. The participant who places the purchase order or delivery order is responsible for securing performance from the contractor. The failure of the contractor to perform for a participant does not require the State or other participants to default the contractor or otherwise to terminate the contract. Upon request of a participant, the State may cooperate with the participant to attempt to secure performance.