Inspection of Construction
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.