46.504
Certificate of conformance
A certificate of conformance can replace source inspection when risk is low or contractor reliability is high, but does not waive the government’s inspection rights.
Overview
FAR 46.504 allows the use of a certificate of conformance (COC) in place of source inspection for contract acceptance, provided certain conditions are met and at the discretion of the contracting officer. This approach is intended for situations where the government’s interests are protected, such as when the risk of loss from defects is minimal or the contractor has a strong record of performance and reliability. The section emphasizes that the government’s right to inspect supplies is not waived by accepting a COC, ensuring continued oversight and quality assurance.
Key Rules
- Use of Certificate of Conformance
- A COC may be used instead of source inspection if it serves the government’s interest and is approved by the contracting officer.
- Conditions for Use
- The COC is appropriate when either the potential loss from defects is small, or the contractor’s reputation and past performance indicate a high likelihood of acceptable supplies/services and willingness to correct defects.
- Government Inspection Rights
- Acceptance via COC does not limit the government’s right to inspect supplies under the contract’s inspection provisions.
Responsibilities
- Contracting Officers: Must determine if using a COC is in the government’s interest and ensure conditions are met before authorizing its use.
- Contractors: Must provide a valid COC when required and maintain quality standards; must be prepared to replace, correct, or repair defective work if discovered.
- Agencies: Must maintain oversight and ensure inspection rights are preserved.
Practical Implications
- This section provides flexibility in contract acceptance, reducing administrative burden when risk is low or contractor reliability is high.
- Contractors benefit from streamlined acceptance but must uphold quality and be responsive to defects.
- Common pitfalls include misjudging risk or contractor reliability, or misunderstanding that inspection rights are still retained by the government.