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GOVERNMENT PROCUREMENT ACT - Chapter V - Inspection and Acceptance |
| Article 71 |
An entity conducting a procurement for construction work or property shall set a time-limit for inspection and acceptance, and may conduct partial acceptance.
The inspection and acceptance shall be conducted by an appropriate chief inspector, which is appointed by the head of the entity or his/her authorized personnel, and the unit taking or using the work or property shall be informed to accompany the chief inspector for inspection and acceptance.
Personnel of the procurement unit of an entity shall not act as a chief inspector or an inspector for samples or materials of the procurement conducted by the unit.
The provisions of the three preceding paragraphs shall apply mutatis mutandis to the procurement for services.
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| Article 72 |
In conducting the inspection and acceptance for a procurement, an entity shall make a record thereof signed jointly by the participating personnel. For any item found not in conformity with the requirements specified in the contract, drawings and/or samples after inspection and acceptance, the supplier shall be required, by a notice, to make improvement, to remove the rejected item or to re-do the work, or to recall or to replace the rejected item within a time-limit. Where the result of the inspection and acceptance indicates that the non-conforming item is not material and the remaining items are nonetheless usable, and the entity deems that it is necessary to use such remaining items before the said non-conformity is corrected, a partial acceptance may be conducted for the remaining items and the contract value may be paid partially for the accepted portion, subject to the approval by the head of the entity or his/her authorized personnel.
Where the result of inspection indicates any non-conformity with the contractual requirements, but the non-conformity neither hinders the safety or use required nor decreases the general function or the function designated by the contract, an acceptance with price-reduction may be conducted under conditions that the entity has determined that there is no need or it is difficult to make replacement. Before conducting the foregoing, the entity shall report the case to the superior entity for approval if the value of the procurement reaches the threshold for supervision, or to the head of the entity or his/her authorized personnel if the value of the procurement does not reach the threshold.
The inspectors may, as they deem necessary, disassemble the covered parts of a construction work or property for inspection or conduct analytical inspection thereof.
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| Article 73 |
For a construction work or property which has passed the inspection and acceptance, the inspection and supervision personnel shall sign on the certificate of settlement and acceptance.
The provision of the preceding paragraph shall apply mutatis mutandis to the inspection and acceptance of services.
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