Overview
FAR 46.312 prescribes the mandatory and discretionary use of the "Inspection of Construction" clause (FAR 52.246-12) in construction solicitations and contracts.
Key Rules
- Mandatory Requirement: The Contracting Officer (CO) must include the clause at FAR 52.246-12 in solicitations and contracts for fixed-price construction that are expected to exceed the Simplified Acquisition Threshold (SAT).
- Discretionary Authority: The CO has the option to include the clause in construction contracts valued at or below the SAT if it is determined to be in the Government's best interest.
- Specific Clause: This section specifically governs the implementation of FAR 52.246-12, which outlines the government's rights to inspect work performed under construction contracts.
Practical Implications
- Quality Oversight: For most major construction projects, contractors should expect rigorous inspection procedures and documentation requirements as a standard contractual obligation.
- Risk Management: Even on small-scale projects below the SAT, contractors may still be subject to these inspection terms if the CO believes the complexity or risk of the work justifies the inclusion of the clause.