52.246-12 Inspection of Construction
Source: FAR 52.246-12 on acquisition.gov
Contractors must maintain robust inspection systems and promptly correct any nonconforming work, as government inspections do not relieve them of responsibility for contract compliance.
Overview
FAR 52.246-12, Inspection of Construction, establishes the requirements for inspection and quality control in government construction contracts. It mandates that contractors maintain an adequate inspection system, keep thorough inspection records, and ensure all work conforms to contract requirements. The clause clarifies that government inspections are for the government's benefit and do not relieve the contractor of responsibility for quality or compliance. Contractors must provide all necessary facilities, labor, and materials for inspections at no additional cost and promptly correct or replace any nonconforming work. The government retains the right to inspect work at any reasonable time and may charge the contractor for additional inspection costs if work is not ready or requires reinspection. If the contractor fails to correct deficiencies, the government may correct the work at the contractor's expense or terminate the contract for default. Final acceptance of work is conclusive except for latent defects, fraud, or warranty issues.
Key Rules
- Contractor Inspection System
- Contractors must implement and maintain an inspection system to ensure compliance with contract requirements and keep complete inspection records.
- Government Inspection Rights
- The government may inspect and test work at any time before acceptance, and such inspections do not constitute acceptance or relieve the contractor of responsibility.
- Correction of Deficiencies
- Contractors must promptly correct or replace nonconforming work at no additional cost, or the government may do so at the contractor's expense or terminate the contract.
- Inspection Facilities and Costs
- Contractors must provide necessary facilities and support for inspections and may be charged for additional inspection costs if work is not ready or requires reinspection.
- Final Acceptance
- Acceptance is final except for latent defects, fraud, gross mistakes, or warranty rights.
Responsibilities
- Contracting Officers: Oversee inspections, determine acceptance, authorize changes, and enforce compliance.
- Contractors: Maintain inspection systems, provide records, support inspections, correct deficiencies, and comply with all inspection-related requirements.
- Agencies: Ensure oversight of inspection processes and enforce contract compliance.
Practical Implications
- This clause ensures construction quality and compliance with contract terms, protecting government interests.
- Contractors must be proactive in quality control and responsive to inspection findings.
- Common pitfalls include inadequate inspection records, failure to correct deficiencies, and misunderstanding the finality of acceptance.
As prescribed in 46.312 , insert the following clause:
Inspection of Construction (Aug 1996)
(a) Definition."Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
(c) Government inspections and tests are for the sole benefit of the Government and do not-
(1) Relieve the Contractor of responsibility for providing adequate quality control measures;
(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;
(3) Constitute or imply acceptance; or
(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this- section.
(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.
(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
(g) If the Contractor does not promptly replace or correct rejected work, the Government may-
(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or
(2) Terminate for default the Contractor’s right to proceed.
(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.
(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.
(End of clause)