(1) Except for items purchased and warehoused by the division's Surplus Property Program, agencies are responsible for receiving supplies and services procured on their behalf by the division. "Receiving" means inspecting the supply or service and checking it against the contract to ensure that it is acceptable, complete, and in compliance with the terms of the contract.

(2) Agencies should submit complaints about vendor performance to the division. The division will investigate complaints and attempt to resolve the problem to the agency's satisfaction. The division will notify the complaining agency of any action taken as a result of the complaint.

(3) The state of Montana reserves the right to assess liquidated damages for failing to comply with delivery requirements indicated in the bid or proposal. This sum may be deducted from vendor payment for failure to deliver when specified. Liquidated damages should not be punitive and should only be used where it is difficult to determine actual damages at the time of contracting.