46.201 General
Source: FAR 46.201 on acquisition.gov
Contracting officers must tailor and include appropriate quality requirements in each contract, allowing for alternative inspection methods and specifying when government or contractor inspections are required.
Overview
FAR 46.201 outlines the general principles for including quality requirements in government contracts. It emphasizes that the contracting officer must specify appropriate quality requirements in both solicitations and contracts, tailored to the needs of each acquisition. These requirements can range from simple inspections at acceptance to comprehensive contractor quality control programs. The regulation also allows for alternative inspection methods to encourage competition and reduce costs, provided they are substantially equivalent and approved. While contractors are generally responsible for inspection before delivering supplies, the government may require specialized inspections in certain cases, such as when specialized equipment is needed or for first article testing. Contractor testing may be conducted at any facility acceptable to the government, unless otherwise specified in the contract.
Key Rules
- Inclusion of Quality Requirements
- Contracting officers must include suitable quality requirements in solicitations and contracts, based on the acquisition's needs.
- Alternative Inspection Methods
- Solicitations and contracts may allow alternative, equivalent inspection methods to promote competition and cost savings, subject to approval.
- Government-Performed Specialized Inspections
- The government may perform specialized inspections when necessary, such as for tests requiring unique equipment or first article testing.
- Location of Contractor Testing
- Contractor-required testing can be performed at any facility acceptable to the government, unless the contract specifies otherwise.
Responsibilities
- Contracting Officers: Must determine and include appropriate quality requirements, consider alternative inspection methods, and approve contractor-recommended alternatives when in the government's interest.
- Contractors: Must comply with specified quality requirements, perform required inspections or tests, and use approved facilities for testing.
- Agencies: Oversee technical requirements, approve alternative inspection methods, and may conduct specialized inspections when necessary.
Practical Implications
- This section ensures that contracts are tailored with the right level of quality oversight, balancing government needs with efficiency and competition. Contractors must be prepared to meet varying quality requirements and may propose alternative inspection methods. Common pitfalls include failing to meet specified quality standards or using unapproved testing facilities.
(a) The contracting officer shall include in the solicitation and contract the appropriate quality requirements. The type and extent of contract quality requirements needed depends on the particular acquisition and may range from inspection at time of acceptance to a requirement for the contractor’s implementation of a comprehensive program for controlling quality.
(b) As feasible, solicitations and contracts may provide for alternative, but substantially equivalent, inspection methods to obtain wide competition and low cost. The contracting officer may also authorize contractor-recommended alternatives when in the Government’s interest and approved by the activity responsible for technical requirements.
(c) Although contracts generally make contractors responsible for performing inspection before tendering supplies to the Government, there are situations in which contracts will provide for specialized inspections to be performed solely by the Government. Among situations of this kind are-
(1) Tests that require use of specialized test equipment or facilities not ordinarily available in suppliers’ plants or commercial laboratories (e.g., ballistic testing of ammunition, unusual environmental tests, and simulated service tests); and
(2) Contracts that require Government testing for first article approval (see subpart 9.3).
(d) Except as otherwise specified by the contract, required contractor testing may be performed in the contractor’s or subcontractor’s laboratory or testing facility, or in any other laboratory or testing facility acceptable to the Government.