46.315
Certificate of conformance
FAR 46.315 mandates the use of the Certificate of Conformance clause in contracts for supplies or services when government inspection is not performed before acceptance, ensuring contractor accountability for compliance.
Overview
FAR 46.315 requires contracting officers to include the Certificate of Conformance clause (FAR 52.246-15) in solicitations and contracts for supplies or services when the specific conditions outlined in FAR 46.504 are met. This certificate allows contractors to certify that the supplies or services delivered conform to contract requirements, potentially in lieu of detailed government inspection. The regulation ensures that the appropriate clause is used to formalize contractor responsibility for compliance and quality assurance.
Key Rules
- Clause Inclusion Requirement
- The Certificate of Conformance clause must be inserted in applicable solicitations and contracts.
- Conditional Application
- The clause is only required when the conditions in FAR 46.504 are satisfied, typically when government inspection is not performed before acceptance.
Responsibilities
- Contracting Officers: Must determine if the conditions of FAR 46.504 apply and, if so, include FAR 52.246-15 in the contract documents.
- Contractors: Must provide a signed certificate affirming that delivered supplies or services meet contract requirements when the clause is present.
- Agencies: Should ensure oversight and compliance with clause inclusion and proper use of certificates.
Practical Implications
- This section ensures accountability by requiring contractors to formally certify compliance when government inspection is limited or not performed.
- It impacts contract formation and quality assurance processes, especially for supply and service contracts.
- Common pitfalls include failing to include the clause when required or misunderstanding when certification is necessary.