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section46.201

General

Overview

FAR 46.201 establishes the responsibility of the contracting officer to prescribe appropriate quality requirements in every acquisition, ranging from simple inspections to complex quality control programs. It defines the standard allocation of inspection responsibilities, generally placing the burden of performance on the contractor while identifying specific exceptions for government-led testing.

Key Rules

  • Mandatory Inclusion: The contracting officer must include quality requirements in all solicitations and contracts, tailored to the specific needs of the acquisition.
  • Flexibility for Competition: Solicitations may allow for alternative, equivalent inspection methods to encourage broader competition and cost savings, subject to technical approval.
  • Standard Responsibility: Contractors are primarily responsible for performing inspections and testing before tendering supplies to the government.
  • Government Testing Exceptions: The government reserves the right to perform exclusive testing in specific scenarios, such as when specialized facilities are required (e.g., ballistic testing) or for First Article Approvals.
  • Testing Locations: Unless the contract specifies otherwise, contractors may use their own facilities, subcontractor facilities, or any commercial laboratory acceptable to the government.

Practical Implications

  • Scalability: Quality oversight is not "one size fits all"; a simple commercial item may only require inspection upon delivery, whereas complex systems may require a comprehensive contractor quality program.
  • Facility Validation: While contractors have flexibility in choosing a testing site, they must ensure the facility is "acceptable to the Government" to avoid potential disputes regarding the validity of test results.

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