46.105 Contractor responsibilities
Source: FAR 46.105 on acquisition.gov
Contractors must proactively manage and document quality control for all contract deliverables, including oversight of suppliers and required inspections.
Overview
FAR 46.105 outlines the fundamental responsibilities of contractors regarding quality assurance in government contracts. Contractors are required to control the quality of their supplies or services, ensure only conforming items are tendered to the Government, and maintain evidence of compliance with contract quality requirements. The section also addresses the need for acceptable quality control systems, oversight of vendors and suppliers, and the maintenance of technical documentation. Contractors may be required to implement inspection systems and are responsible for all contract-required inspections and tests unless specifically reserved for the Government. The regulation covers a broad range of quality control areas, including manufacturing, testing, documentation, packaging, and service delivery processes.
Key Rules
- Quality Control Obligations
- Contractors must control the quality of all supplies and services provided under the contract.
- Conformance and Tendering
- Only supplies or services that meet contract requirements should be offered to the Government.
- Vendor Oversight
- Contractors must ensure their suppliers have acceptable quality control systems.
- Evidence and Documentation
- Maintain and provide evidence of compliance with quality requirements as specified in the contract.
- Inspection Systems
- Contractors may be required to establish and maintain a Government-approved inspection system.
- Scope of Quality Control
- Quality control must address manufacturing, documentation, testing, packaging, and service procedures.
- Inspection Responsibilities
- Contractors are responsible for all contract-required inspections and tests unless otherwise specified.
Responsibilities
- Contracting Officers: Ensure contractors have adequate quality control systems and enforce compliance.
- Contractors: Implement and maintain quality control, oversee suppliers, document compliance, and conduct required inspections.
- Agencies: Monitor contractor compliance and reserve specific inspection rights as needed.
Practical Implications
- This section ensures that contractors are proactive in managing quality, reducing the risk of nonconforming products or services reaching the Government. It impacts daily operations by requiring robust quality control systems, thorough documentation, and oversight of the entire supply chain. Common pitfalls include inadequate supplier oversight, poor documentation, and failure to perform required inspections.
(a) The contractor is responsible for carrying out its obligations under the contract by-
(1) Controlling the quality of supplies or services;
(2) Tendering to the Government for acceptance only those supplies or services that conform to contract requirements;
(3) Ensuring that vendors or suppliers of raw materials, parts, components, subassemblies, etc., have an acceptable quality control system; and
(4) Maintaining substantiating evidence, when required by the contract, that the supplies or services conform to contract quality requirements, and furnishing such information to the Government as required.
(b) The contractor may be required to provide and maintain an inspection system or program for the control of quality that is acceptable to the Government (see 46.202).
(c) The control of quality by the contractor may relate to, but is not limited to-
(1) Manufacturing processes, to ensure that the product is produced to, and meets, the contract’s technical requirements;
(2) Drawings, specifications, and engineering changes, to ensure that manufacturing methods and operations meet the contract’s technical requirements;
(3) Testing and examination, to ensure that practices and equipment provide the means for optimum evaluation of the characteristics subject to inspection;
(4) Reliability and maintainability assessment (life, endurance, and continued readiness);
(5) Fabrication and delivery of products, to ensure that only conforming products are tendered to the Government;
(6) Technical documentation, including drawings, specifications, handbooks, manuals, and other technical publications;
(7) Preservation, packaging, packing, and marking; and
(8) Procedures and processes for services to ensure that services meet contract performance requirements.
(d) The contractor is responsible for performing all inspections and test required by the contract except those specifically reserved for performance by the Government (see 46.201(c)).