Ensure Quality Flashcards

1
Q

What is the contractor’s responsibility regarding Government acceptance of supplies and services?

A

The contractor is responsible for providing only those supplies and services that fully conform to the terms and conditions of the contract.

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2
Q

What do FAR 1.602-2 stipulate about contracting officers?

A

FAR 1.602-2 states that contracting officers are responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships.

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3
Q

What must each solicitation and contract include according to FAR 46.201(a)?

A

Each solicitation and contract must include the appropriate quality requirements.

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4
Q

What does FAR 46.101 state about contract quality requirements?

A

FAR 46.101 defines contract quality requirements as the technical requirements in the contract related to the quality of the product or services and includes clauses for inspection and quality controls to ensure conformity.

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5
Q

Who is responsible for prescribing contract quality requirements?

A

The activity responsible for technical requirements is responsible for prescribing contract quality requirements, including inspection and testing requirements or a quality assurance surveillance plan for service contracts.

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6
Q

What are the responsibilities of contracting offices according to FAR 46.103(a)?

A

Contracting offices are responsible for receiving specifications for inspection, testing, and other contract quality requirements from the activity responsible for technical requirements.

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7
Q

What must the contracting office include in solicitations and contracts according to FAR 46.103(b)?

A

The contracting office must include the appropriate requirements for the contractor’s control of quality for the supplies or services to be acquired.

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8
Q

What is the responsibility of the contracting office regarding nonconformances as per FAR 46.103(e)?

A

The contracting office must ensure nonconformances are identified and establish the significance of a nonconformance when considering the acceptability of supplies or services that do not meet contract requirements.

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9
Q

What is the contractor responsible for under the contract?

A

The contractor is responsible for controlling the quality of supplies and services, tendering only those that conform to contract requirements, and ensuring that vendors or suppliers have an acceptable quality control system.

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10
Q

What is the purpose of quality assurance surveillance by the Government?

A

To determine that the supplies or services delivered by the contractor conform to the contract requirements.

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11
Q

How is Government contract quality assurance defined?

A

As the various functions, including inspection, performed by the Government to determine whether a contractor has fulfilled the contract obligation pertaining to quality and quantity.

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12
Q

At what stages may quality assurance surveillance be necessary?

A

At any stage of manufacture or performance of services.

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13
Q

Who is responsible for developing the quality requirements for supplies and/or services included in solicitations and resultant contracts?

A

The Contracting Officer is responsible for developing the quality requirements.

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14
Q

Who is responsible for controlling the quality of supplies and/or services?

A

The contractor

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15
Q

What determines the rights and responsibilities of the Government for inspection and acceptance of supplies or services presented by Contractors?

A

Factors such as the value of the contract, commerciality of the contract, type of contract, and whether we are buying a product or service.

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16
Q

Who is responsible for the acceptance of supplies and services according to FAR 46.502?

A

The Contracting Officer.

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17
Q

What right does the Government always retain regardless of contract type?

A

The right to inspect supplies and services prior to acceptance.

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18
Q

Who is responsible for accepting supplies and/or services for the Government?

A

The Government’s technical representative

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19
Q

What should the contracting officer do with supplies or services that do not conform to contract requirements?

A

The contracting officer should reject supplies or services not conforming in all respects to contract requirements.

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20
Q

Under what condition must the contracting officer give the contractor an opportunity to correct or replace nonconforming supplies or services?

A

The contracting officer must give the contractor an opportunity to correct or replace nonconforming supplies or services when this can be accomplished within the required delivery schedule.

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21
Q

What is the contractor required to do for supplies or services acquired at or below the simplified acquisition threshold (SAT)?

A

The contractor is required to accomplish all inspection and testing to ensure supplies or services are satisfactory before they are tendered to the Government.

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22
Q

What does FAR 46.202-3 require from contractors regarding their inspection system?

A

FAR 46.202-3 requires the contractor to maintain an inspection system.

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23
Q

What are the standard inspection requirements for non-commercial supplies and services?

A

The standard inspection requirements include that the work is acceptable to the Government, gives the Government the right to inspect and test work in process, and requires the contractor to keep and make available records of its inspections.

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24
Q

What must contractors do with records of inspections according to standard requirements?

A

Contractors must keep and make available to the Government records of its inspections.

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25
Q

What rights does the Government have regarding inspections in supply contracts?

A

The Government has the right to inspect and test work in process as part of the inspection requirements.

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26
Q

What is a patent defect?

A

A patent defect is any defect which exists at the time of acceptance and is not a latent defect.

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27
Q

What exceptions exist for acceptance being conclusive in fixed-price contracts?

A

Exceptions include latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

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28
Q

What rights does the Government have regarding inspection and testing of supplies?

A

The Government has the right to inspect and test all materials furnished and services performed before acceptance and reject or require correction of nonconforming supplies.

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29
Q

What defines nonconforming supplies?

A

Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements.

30
Q

What is required of the contractor under FAR 52.246-2?

A

The contractor must provide and maintain an inspection system acceptable to the Government and maintain complete records of all inspection work performed.

31
Q

What is a latent defect?

A

A latent defect is a defect that exists at the time of acceptance but cannot be discovered by a reasonable inspection.

32
Q

Who bears the cost to correct defective deliverables for fixed price, non-commercial contracts after acceptance when the defect is patent?

A

The Government bears the cost to correct defective deliverables when the defect is patent.

33
Q

What right does the clause FAR 52.246-3 give the Government regarding inspection?

A

The clause gives the Government the right to inspect and test all materials furnished and services performed before acceptance.

34
Q

Who is responsible for correcting defective deliverables for fixed price, non-commercial contracts after acceptance when the defect is latent?

A

The Contractor bears the cost to correct defective deliverables when the defect is latent.

35
Q

Who is considered the Contractor’s managerial personnel?

A

Contractor’s managerial personnel includes directors, officers, managers, superintendents, or equivalent representatives who supervise or direct all or substantially all of the Contractor’s business or operations.

36
Q

What costs are associated with the replacement or correction of nonconforming supplies?

A

The cost of replacement or correction shall be included in allowable cost, but no additional fee shall be paid to the Contractor.

37
Q

What is the time frame for the Government to accept supplies after delivery?

A

Supplies shall be deemed accepted 60 days after delivery, unless accepted earlier.

38
Q

Under what conditions can the Government require the Contractor to replace or correct nonconforming supplies?

A

The Government may require replacement or correction if the nonconformances are due to fraud, lack of good faith, or willful misconduct by the Contractor’s managerial personnel, or due to the conduct of employees retained by the Contractor after reasonable grounds for concern about their qualifications.

39
Q

Who bears the cost of correcting a defect found in a non-commercial deliverable on a fixed price contract if the defect was not discoverable upon reasonable inspection?

A

The contractor bears the cost of correcting the defect.

40
Q

According to FAR 46.505, when does title to supplies pass to the Government?

A

Title to supplies passes to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.

41
Q

Who bears the cost of correcting a defect found in a non-commercial deliverable on a fixed price contract if the defect was discoverable upon the Government’s reasonable inspection?

A

The contractor

42
Q

What is the primary requirement of the clause at FAR 52.246-4?

A

It requires the contractor to comply with inspection and acceptance terms for the services provided.

43
Q

What clause must be inserted for fixed-price contracts for services above the SAT?

A

The clause at FAR 52.246-4, Inspection of Services-Fixed-Price.

44
Q

What rights does the Government have regarding inspections and tests under the clause?

A

The Government has the right to perform inspections and tests in a manner that will not unduly delay work, require the contractor to take necessary action to ensure future performance conforms to contract requirements, and reduce the contract price to reflect the reduced value of the services performed.

45
Q

What must a contractor do if services do not conform to contract requirements?

A

The contractor must perform the services again in conformity with contract requirements at no increase in contract amount.

46
Q

What action can the Government take if defects in services cannot be corrected by reperformance?

A

The Government may take necessary actions as outlined in the contract, which may include reducing the contract price or other remedies as specified.

47
Q

What is required of contractors under FAR 52.246-5 for Cost-Reimbursement contracts?

A

Contractors are required to provide and maintain an inspection system acceptable to the Government, maintain complete records of all inspection work performed, make inspection records available to the Government during contract performance and for as long afterwards as the contract requires, and inspect and test all services called for by the contract.

48
Q

How long does the Government have to accept or reject services and materials after delivery?

A

The Government shall accept or reject services and materials as promptly as practicable after delivery, and they shall be presumed accepted 60 days after the date of delivery unless accepted earlier.

49
Q

What rights does the Government have regarding inspections and tests under the contract?

A

The Government has the right to inspect and test all services called for by the contract at any time during contract performance, and to require the contractor to take necessary action to ensure future performance conforms to contract requirements.

50
Q

What happens if services or materials fail to meet contract requirements at the time of delivery?

A

The Government may require the Contractor to replace or correct the services or materials, and the Government will bear the cost of replacement or correction, but the Contractor shall reduce the profit portion of the hourly rate for labor hours incurred.

51
Q

What must the contractor do with inspection records?

A

The contractor must maintain complete records of all inspection work performed and make these records available to the Government during contract performance and for as long afterwards as the contract requires.

52
Q

What is one requirement for contractors under the FAR clauses for inspection of services?

A

Contractors must provide and maintain an inspection system acceptable to the Government.

53
Q

What can the Government require from the Contractor within 6 months after acceptance of services or materials?

A

The Government may require the Contractor to replace or correct services or materials that failed to meet contract requirements at the time of delivery.

54
Q

How long must inspection records be made available to the Government?

A

Inspection records must be made available during contract performance and for as long afterwards as the contract requires.

55
Q

Who bears the cost of replacement or correction of services or materials?

A

The Government will bear the cost of replacement or correction, but the Contractor shall reduce that portion attributable to profit of the ‘hourly rate’ for labor hours incurred in the replacement or correction.

56
Q

Under which contract types would the Government bear the cost of replacement or correction of services?

A

The Government would bear the cost of replacement or correction of services under cost-reimbursement contract types, except under conditions of fraud, lack of good faith, or willful misconduct on the part of the contractor’s managerial personnel.

57
Q

Who is considered the contractor’s managerial personnel?

A

Contractor’s managerial personnel includes any of the contractor’s directors, officers, managers, superintendents, or equivalent representatives who have all or substantially all supervision or direction of the contractor’s business or operation where the contract is being performed.

58
Q

Under what conditions may the Government require the contractor to remedy failures without cost?

A

The Government may require the contractor to remedy failures by correction or replacement without cost if the failure is due to fraud, lack of good faith, or willful misconduct on the part of the contractor’s managerial personnel.

59
Q

What actions can the Government require from the contractor to ensure future performance conforms to contract requirements?

A

The Government can require the contractor to take necessary action to ensure future performance conforms to contract requirements and may reduce the fee payable under the contract to reflect the reduced value of the services performed.

60
Q

What must the contractor provide and/or maintain in each of the inspection clauses for fixed-price, cost-reimbursement, and time-and-material contract types?

A

An inspection system acceptable to the Government and complete records of all inspection work performed by the Contractor, specifying the type of inspection system and records needed for clarity.

61
Q

What factors determine the need for higher-level inspection requirements beyond the standard requirements in FAR 46.202-3?

A

The need for higher-level inspection requirements is based on the risk to the Government of nonconformance, considering both the likelihood and impact of occurrence.

62
Q

In what situations is it necessary to require compliance with higher-level quality standards in solicitations and contracts?

A

Compliance with higher-level quality standards is necessary for complex or critical items or when the technical requirements of the contract require control of design, work operations, in-process controls, testing, and inspection.

63
Q

What aspects should be considered when requiring higher-level inspection requirements?

A

Considerations include organization, planning, work instructions, documentation control, and advanced metrology.

64
Q

What right does the Government reserve regarding supplies or services tendered for acceptance?

A

The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance.

65
Q

What is the contractor’s responsibility when tendering items for acceptance according to FAR 12.208?

A

The Contractor shall only tender for acceptance those items that conform to the requirements of the contract.

66
Q

What does FAR 52.212-4(a) state regarding inspection and acceptance for commercial items?

A

It states that contracts for commercial items shall rely on contractors’ existing quality assurance systems as a substitute for Government inspection and testing before tender for acceptance, unless customary market practices include in-process inspection.

67
Q

What is the quality assurance system that the Government relies on as a substitute for inspection and testing before accepting commercial items?

A

The contractor’s quality assurance systems.

68
Q

What must the Government do within a reasonable time after discovering a defect in supplies or services?

A

The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price.

69
Q

What can the Government seek if repair, replacement, or reperformance will not correct the defects?

A

The Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services.

70
Q

Who bears the cost of correcting a defect found in a commercial deliverable accepted by the Government on a fixed price contract?

A

The contractor