52.246-12 Inspection of Construction.

As prescribed in 46.312 , insert the following clause:

Inspection of Construction (Aug 1996)

(a) Definition."Work" includes, but is not limited to, materials, workmanship, and manufacture and

fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as

will ensure that the work performed under the contract conforms to contract requirements. The

Contractor shall maintain complete inspection records and make them available to the Government.

All work shall be conducted under the general direction of the Contracting Officer and is subject to

Government inspection and test at all places and at all reasonable times before acceptance to ensure

strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not-

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under

paragraph (i) of this- section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any

contract requirement, nor is the inspector authorized to change any term or condition of the

specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and

material reasonably needed for performing such safe and convenient inspections and tests as may be

required by the Contracting Officer. The Government may charge to the Contractor any additional

cost of inspection or test when work is not ready at the time specified by the Contractor for

inspection or test, or when prior rejection makes reinspection or retest necessary. The Government

shall perform all inspections and tests in a manner that will not unnecessarily delay the work.

Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to

conform to contract requirements, unless in the public interest the Government consents to accept

the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate

and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may-

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed
work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all

necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any

material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray

the expenses of the examination and of satisfactory reconstruction. However, if the work is found to

meet contract requirements, the Contracting Officer shall make an equitable adjustment for the

additional services involved in the examination and reconstruction, including, if completion of the

work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as

practicable after completion and inspection, all work required by the contract or that portion of the

work the Contracting Officer determines can be accepted separately. Acceptance shall be final and

conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s

rights under any warranty or guarantee.

(End of clause)

Parent topic: 52.246 [Reserved]