Overview
FAR 46.405 establishes the parameters for Government contract quality assurance (QA) at the subcontractor level, emphasizing that such actions are only performed when in the Government’s interest and do not relieve the prime contractor of their ultimate responsibility for performance.
Key Rules
- Prime Contractor Responsibility: The prime contractor remains fully responsible for the quality of all subcontracted supplies or services; Government QA at the subcontract level is merely an assistive function.
- Mandatory Subcontract QA: The Government must perform QA at the subcontractor's plant if:
- Source inspection is required for items shipped directly from the subcontractor to the using activity.
- Conditions for source quality assurance under FAR 46.402 are met.
- The contract specifically mandates Government QA functions that can only be performed at the subcontractor's facility.
- Avoidance of Duplication: If certificates, reports, or records of quality are available at the prime contractor’s plant, the Government should not inspect at the subcontractor’s plant except for occasional verification.
- Privity of Contract: All Government actions and communications regarding subcontract QA must be structured to avoid creating a direct contractual relationship between the Government and the subcontractor or altering the existing relationship between the prime and the subcontractor.
Practical Implications
- Prime contractors must ensure their subcontracts include clauses granting the Government access to subcontractor facilities when source inspection is required.
- Government personnel must exercise caution in their interactions with subcontractors to avoid "stepping into the shoes" of the prime contractor, which could inadvertently waive Government rights or lead to claims regarding interference in the prime-subcontractor relationship.