Subpart 46.4 - Government Contract Quality

Assurance

Parent topic: Part 46 - Quality Assurance

46.401 General.

(a) Government contract quality assurance shall be performed at such times (including any stage of

manufacture or performance of services) and places (including subcontractors’ plants) as may be

necessary to determine that the supplies or services conform to contract requirements. Quality

assurance surveillance plans should be prepared in conjunction with the preparation of the

statement of work. The plans should specify-

(1) All work requiring surveillance; and

(2) The method of surveillance.

(b) Each contract shall designate the place or places where the Government reserves the right to

perform quality assurance.

(c) If the contract provides for performance of Government quality assurance at source, the place or

places of performance may not be changed without the authorization of the contracting officer.

(d) If a contract provides for delivery and acceptance at destination and the Government inspects

the supplies at a place other than destination, the supplies shall not ordinarily be reinspected at

destination, but should be examined for quantity, damage in transit, and possible substitution or

fraud.

(e) Government inspection shall be performed by or under the direction or supervision of

Government personnel.

(f) Government inspection shall be documented on an inspection or receiving report form or

commercial shipping document/packing list, under agency procedures (see subpart 46.6).

(g) Agencies may prescribe the use of inspection approval or disapproval stamps to identify and

control supplies and material that have been inspected for conformance with contract quality

requirements.

46.402 Government contract quality assurance at source.

Agencies shall perform contract quality assurance, including inspection, at source if-

(a) Performance at any other place would require uneconomical disassembly or destructive testing;

(b) Considerable loss would result from the manufacture and shipment of unacceptable supplies, or

from the delay in making necessary corrections;

(c) Special required instruments, gauges, or facilities are available only at source;
(d) Performance at any other place would destroy or require the replacement of costly special

packing and packaging;

(e) Government inspection during contract performance is essential; or

(f) It is determined for other reasons to be in the Government’s interest.

46.403 Government contract quality assurance at

destination.

(a) Government contract quality assurance that can be performed at destination is normally limited

to inspection of the supplies or services. Inspection shall be performed at destination under the

following circumstances-

(1) Supplies are purchased off-the-shelf and require no technical inspection;

(2) Necessary testing equipment is located only at destination;

(3) Perishable subsistence supplies purchased within the United States, except that those supplies

destined for overseas shipment will normally be inspected for condition and quantity at points of

embarkation;

(4) Brand name products purchased for authorized resale through commissaries or similar facilities

(however, supplies destined for direct overseas shipment may be accepted by the contracting officer

or an authorized representative on the basis of a tally sheet evidencing receipt of shipment signed

by the port transportation officer or other designated official at the transshipment point);

(5) The products being purchased are processed under direct control of the National Institutes of

Health or the Food and Drug Administration of the Department of Health and Human Services;

(6) The contract is for services performed at destination; or

(7) It is determined for other reasons to be in the Government’s interest.

(b) Overseas inspection of supplies shipped from the United States shall not be required except in

unusual circumstances, and then only when the contracting officer determines in advance that

inspection can be performed or makes necessary arrangements for its performance.

46.404 Government contract quality assurance for

acquisitions at or below the simplified acquisition threshold.

(a) In determining the type and extent of Government contract quality assurance to be required for

contracts at or below the simplified acquisition threshold, the contracting officer shall consider the

criticality of application of the supplies or services, the amount of possible losses, and the likelihood

of uncontested replacement of defective work (see 46.202-2).

(b) When the conditions in 46.202-2(b) apply, the following policies shall govern:
(1) Unless a special situation exists, the Government shall inspect contracts at or below the

simplified acquisition threshold at destination and only for type and kind; quantity; damage;

operability (if readily determinable); and preservation, packaging, packing, and marking, if

applicable.

(2) Special situations may require more detailed quality assurance and the use of a standard

inspection or higher-level contract quality requirement. These situations include those listed in

46.402 and contracts for items having critical applications.

(3) Detailed Government inspection may be limited to those characteristics that are special or likely

to cause harm to personnel or property. When repetitive purchases of the same item are made from

the same manufacturer with a history of defect-free work, Government inspection may be reduced to

a periodic check of occasional purchases.

46.405 Subcontracts.

(a) Government contract quality assurance on subcontracted supplies or services shall be performed

only when required in the Government’s interest. The primary purpose is to assist the contract

administration office cognizant of the prime contractor’s plant in determining the conformance of

subcontracted supplies or services with contract requirements or to satisfy one or more of the

factors included in (b) of this section. It does not relieve the prime contractor of any responsibilities

under the contract. When appropriate, the prime contractor shall be requested to arrange for timely

Government access to the subcontractor facility.

(b) The Government shall perform quality assurance at the subcontract level when-

(1) The item is to be shipped from the subcontractor’s plant to the using activity and inspection at

source is required;

(2) The conditions for quality assurance at source are applicable (see 46.402);

(3) The contract specifies that certain quality assurance functions, which can be performed only at

the subcontractor’s plant, are to be performed by the Government; or

(4) It is otherwise required by the contract or determined to be in the Government’s interest.

(c) Supplies or services for which certificates, records, reports, or similar evidence of quality are

available at the prime contractor’s plant shall not be inspected at the subcontractor’s plant, except

occasionally to verify this evidence or when required under (b) of this section.

(d) All oral and written statements and contract terms and conditions relating to Government quality

assurance actions at the subcontract level shall be worded so as not to-

(1) Affect the contractual relationship between the prime contractor and the Government, or

between the prime contractor and the subcontractor;

(2) Establish a contractual relationship between the Government and the subcontractor; or

(3) Constitute a waiver of the Government’s right to accept or reject the supplies or services.
46.406 Foreign governments.

Government contract quality assurance performed for foreign governments or international agencies

shall be administered according to the foreign policy and security objectives of the United States.

Such support shall be furnished only when consistent with or required by legislation, executive

orders, or agency policies concerning mutual international programs.

46.407 Nonconforming supplies or services.

(a) The contracting officer should reject supplies or services not conforming in all respects to

contract requirements (see 46.102). In those instances where deviation from this policy is found to

be in the Government’s interest, such supplies or services may be accepted only as authorized in this

section.

(b) The contracting officer ordinarily must give the contractor an opportunity to correct or replace

nonconforming supplies or services when this can be accomplished within the required delivery

schedule. Unless the contract specifies otherwise (as may be the case in some cost-reimbursement

contracts), correction or replacement must be without additional cost to the Government. Paragraph

(e)(2) of the clause at 52.246-2, Inspection of Supplies-Fixed-Price, reserves to the Government the

right to charge the contractor the cost of Government reinspection and retests because of prior

rejection.

(c)

(1) In situations not covered by paragraph (b) of this section, the contracting officer ordinarily must

reject supplies or services when the nonconformance is critical or major or the supplies or services

are otherwise incomplete. However, there may be circumstances (e.g., reasons of economy or

urgency) when the contracting officer determines acceptance or conditional acceptance of supplies

or services is in the best interest of the Government. The contracting officer must make this

determination based upon-

(i) Advice of the technical activity that the item is safe to use and will perform its intended purpose;

(ii) Information regarding the nature and extent of the nonconformance or otherwise incomplete

supplies or services;

(iii) A request from the contractor for acceptance of the nonconforming or otherwise incomplete

supplies or services (if feasible);

(iv) A recommendation for acceptance, conditional acceptance, or rejection, with supporting

rationale; and

(v) The contract adjustment considered appropriate, including any adjustment offered by the

contractor.

(2) The cognizant contract administration office, or other Government activity directly involved,

must furnish this data to the contracting officer in writing, except that in urgent cases it may be

furnished orally and later confirmed in writing. Before making a decision to accept, the contracting
officer must obtain the concurrence of the activity responsible for the technical requirements of the

contract and, where health factors are involved, of the responsible health official of the agency

concerned.

(d) If the nonconformance is minor, the cognizant contract administration office may make the

determination to accept or reject, except where this authority is withheld by the contracting office of

the contracting activity. To assist in making this determination, the contract administration office

may establish a joint contractor-contract administrative office review group. Acceptance of supplies

and services with critical or major nonconformances is outside the scope of the review group.

(e) The contracting officer must discourage the repeated tender of nonconforming supplies or

services, including those with only minor nonconformances, by appropriate action, such as rejection

and documenting the contractor’s performance record.

(f) When supplies or services are accepted with critical or major nonconformances as authorized in

paragraph (c) of this section, the contracting officer must modify the contract to provide for an

equitable price reduction or other consideration. In the case of conditional acceptance, amounts

withheld from payments generally should be at least sufficient to cover the estimated cost and

related profit to correct deficiencies and complete unfinished work. The contracting officer must

document in the contract file the basis for the amounts withheld. For services, the contracting

officer can consider identifying the value of the individual work requirements or tasks (subdivisions)

that may be subject to price or fee reduction. This value may be used to determine an equitable

adjustment for nonconforming services. However, when supplies or services involving minor

nonconformances are accepted, the contract need not be modified unless it appears that the savings

to the contractor in fabricating the nonconforming supplies or performing the nonconforming

services will exceed the cost to the Government of processing the modification.

(g) Notices of rejection must include the reasons for rejection and be furnished promptly to the

contractor. Promptness in giving this notice is essential because, if timely nature of rejection is not

furnished, acceptance may in certain cases be implied as a matter of law. The notice must be in

writing if-

(1) The supplies or services have been rejected at a place other than the contractor’s plant;

(2) The contractor persists in offering nonconforming supplies or services for acceptance; or

(3) Delivery or performance was late without excusable cause.

(h) The contracting officer shall provide disposition instructions for counterfeit or suspect

counterfeit items in accordance with agency policy. Agency policy may require the contracting

officer to direct the contractor to retain such items for investigative or evidentiary purposes.

46.408 Single-agency assignments of Government contract

quality assurance.

(a) Government-wide responsibility for quality assurance support for acquisitions of certain

commodities is assigned as follows:

(1) For drugs, biologics, and other medical supplies-the Food and Drug Administration;
(2) For food, except seafood-the Department of Agriculture.

(3) For seafood-the National Marine Fisheries Service of the Department of Commerce.

(b) Agencies requiring quality assurance support for acquiring these supplies should request the

support directly from the cognizant office.