FAR Par 46 Flashcards by Todd Schak

Part 46

Quality Assurance

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Introduction to FAR Subpart 46.1 - Quality Assurance

General Principles

Definitions (FAR 46.101)

Acceptance: The Government’s assumption of ownership of supplies or approval of services (FAR 46.101).

Conditional Acceptance: Acceptance of non-conforming supplies/services requiring correction (FAR 46.101).

Contract Quality Requirements: Technical requirements and clauses related to quality assurance (FAR 46.101).

Counterfeit Item: Unauthorized reproduction misrepresented as authentic (FAR 46.101).

Critical and Major Nonconformance: Definitions related to the severity of noncompliance and its potential
impact (FAR 46.101).

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Introduction to FAR Subpart 46.1 - Quality Assurance

General Principles

Policy Overview

Emphasizes the inclusion of inspection and quality requirements in contracts to protect Government interests
(FAR 46.102).

Requires Government quality assurance before acceptance and mandates rejection of nonconforming supplies or services (FAR 46.102).

Supports using commercial quality assurance systems for commercial products when appropriate (FAR 46.102).

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Part 46 - Quality Assurance

Responsibilities and Contractor Quality Control

Contracting Office Responsibilities (FAR 46.103)

Ensure integration of inspection and quality requirements in solicitations and contracts (FAR 46.103).

Verify contractor adherence to quality requirements and manage nonconformances (FAR 46.103).

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Part 46 - Quality Assurance

Responsibilities and Contractor Quality Control

Contract Administration Office Responsibilities (FAR 46.104)

Implement quality assurance procedures and maintain records of quality assurance actions (FAR 46.104).

Verify compliance with contract quality requirements and recommend necessary changes for more effective operations (FAR 46.104).

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Part 46 - Quality Assurance

Responsibilities and Contractor Quality Control

Contractor Responsibilities (FAR 46.105)

Maintain control over the quality of supplies and services, ensuring conformance to contract
requirements (FAR 46.105).

Provide a quality control system acceptable to the Government and maintain necessary documentation and evidence of conformance (FAR 46.105).

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Part 46 - Quality Assurance

Overview of Contract Quality Requirements

General Requirements (FAR 46.201)

Contract quality requirements vary based on the acquisition’s nature, from simple inspection at
acceptance to comprehensive quality control programs (FAR 46.201).

Contracts may allow alternative inspection methods to enhance competition and reduce costs, with the possibility of adopting contractor-recommended alternatives if in the Government’s interest (FAR 46.201).

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Part 46 - Quality Assurance

Overview of Contract Quality Requirements

Types of Contract Quality Requirements (FAR 46.202)

Commercial Products and Services: Rely on contractors’ existing quality systems, substituting
Government inspection unless market practices dictate otherwise (FAR 46.202-1).

Government Reliance on Contractor Inspection: Standard for acquisitions at or below the simplified acquisition threshold, unless specific Government testing is required (FAR 46.202-2).

Standard Inspection Requirements: Contractors must maintain an acceptable inspection system, with Government rights to in-process inspections (FAR 46.202-3).

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Part 46 - Quality Assurance

Advanced Quality Requirements and Criteria for Use

Higher-Level Contract Quality Requirements (FAR 46.202-4)

Used for complex or critical items, involving advanced design and operational controls, with
examples including ISO 9001, ASQ/ANSI E4, and SAE AS9100 (FAR 46.202-4).

The decision to impose higher-level standards depends on the item’s complexity and the criticality of its application (FAR 46.202-4).

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Part 46 - Quality Assurance

Advanced Quality Requirements and Criteria for Use

Criteria for Use of Contract Quality Requirements (FAR 46.203)

Technical Description: Items classified either as commercial or military-federal based on
descriptions and standards (FAR 46.203).

Complexity: Differentiates between complex items requiring detailed control and noncomplex items where simple tests are sufficient (FAR 46.203).

Criticality: Distinguishes between critical applications (where failure could cause severe consequences) and noncritical applications (FAR 46.203).

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Part 46 - Quality Assurance

46.4 - Government Contract Quality Assurance Overview

General Requirements (46.401):

Quality assurance may be performed at any stage or place, including subcontractors’ plants (FAR
46.401).

Surveillance plans should specify all work requiring surveillance and the methods used (FAR 46.401)

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Part 46 - Quality Assurance

46.4 - Government Contract Quality Assurance Overview

Quality Assurance Locations:

At Source (46.402): Required if special instruments are needed, if it prevents significant loss, or under other specified conditions (FAR 46.402).

At Destination (46.403): Normally limited to inspecting supplies or services, suitable for off-the- shelf supplies or under other specific conditions (FAR 46.403).

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Part 46 - Quality Assurance

46.4 - Government Contract Quality Assurance Overview

Special Situations and Foreign Governments (46.406 and 46.407):

Nonconforming supplies or services should typically be rejected, but conditional acceptance may be
authorized under specific circumstances (FAR 46.407).

Procedures for dealing with counterfeit items and compliance with international and foreign policy objectives (FAR 46.406).

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Part 46 - Quality Assurance

46.4 - Specialized Quality Assurance Procedures

Acquisitions Below the Simplified Acquisition Threshold (46.404):

Quality assurance depends on the criticality and potential losses. Inspection is generally at the
destination and limited to basic checks unless special situations dictate otherwise (FAR 46.404).

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Part 46 - Quality Assurance

46.4 - Specialized Quality Assurance Procedures

Subcontract Quality Assurance (46.405):

Performed only when necessary to assist in verifying subcontractor compliance with contract
requirements (FAR 46.405).

The government does not establish a direct contractual relationship with the subcontractor through these actions (FAR 46.405).

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Part 46 - Quality Assurance

46.4 - Specialized Quality Assurance Procedures

Nonconforming Supplies or Services (46.407):

Detailed procedures on how to handle nonconforming supplies or services, including the potential for
conditional acceptance and necessary contractual adjustments (FAR 46.407).

Emphasis on preventing the recurrence of nonconformities and dealing appropriately with minor nonconformances (FAR 46.407).

Part 46 - Quality Assurance 46.5 -

Acceptance Overview

General Acceptance Guidelines (46.501):

Acceptance confirms that supplies or services meet contract quality and quantity requirements.
It can occur before, at, or after delivery, depending on contract terms (FAR 46.501).

Acceptance is generally evidenced by an acceptance certificate on inspection or receiving report
forms or commercial documents (FAR 46.501).

Part 46 - Quality Assurance 46.5 -

Acceptance Overview

Responsibility and Place of Acceptance (46.502, 46.503):

Acceptance responsibility lies with the contracting officer, but may be delegated to a contract
administration office or other agency, and such acceptance is binding (FAR 46.502).

The place of acceptance is specified in the contract, typically at the source if quality assurance is at source, or at destination if assurance is there (FAR 46.503).

Part 46 - Quality Assurance

46.5 - Specific Acceptance Conditions

Certificate of Conformance (46.504):

A certificate of conformance may be used instead of source inspection if it serves the Government’s interest, considering the contractor’s reliability and the minor impact of potential defects (FAR 46.504).

Part 46 - Quality Assurance

46.5 - Specific Acceptance Conditions

Transfer of Title and Risk of Loss (46.505):

Title to supplies passes to the Government upon formal acceptance, regardless of physical
possession, unless specified otherwise in the contract (FAR 46.505).

Risk of loss or damage remains with the contractor until the Government accepts the supplies or
until delivery, depending on the contract terms (FAR 46.505).

If supplies are nonconforming, the risk remains with the contractor until the supplies are cured or accepted (FAR 46.505).

What Is Quality Assurance?

Quality assurance (QA)

A planned and systematic pattern of actions necessary to provide adequate confidence that material, data, supplies, and services conform to established technical requirements, and to achieve satisfactory performance

QA includes all those tasks performed by persons outside of an organization to improve and monitor the quality of its output

Who is Responsible

Contracting office

Receive agency specifications

Include quality
requirements in solicitations

Issue instructions

Verify that quality
requirements are fulfilled

Who is Responsible

Contract Administration Office

Develop QA procedures

Verify compliance of supplies or services

Implement any instructions

Report defects

Recommend any
needed changes

Who is Responsible

Contractor

Carry out all
obligations under the contract

Control quality of products

Contract Quality Requirements

Commercial items: Government shall rely on contractors existing quality assurance systems At or below the SAT: Government shall rely on the contractor to accomplish all inspection and testing Above the SAT: Standard inspection requirements Complex or critical item: Higher-level contract quality requirements or product/process specific quality standards

Criteria for use of contract quality requirements

Technical description * The classification of a contract item as either commercial or military-federal Complexity * Contract items having characteristics which must be measured, tested, or controlled precisely Criticality * Failure of contract items could injure personnel or jeopardize a vital mission

Government quality assurance can be performed

at either the source or destination, whichever is most appropriate.

Acceptance

The act of an authorized representative of the government by which the government, for itself or as agent of another, assumes ownership of existing identified supplies tendered or approves specific services rendered as partial or complete performance of the contract Acceptance may take place before delivery, at the time of delivery, or after delivery Acceptance of supplies or services is the responsibility of the contracting officer

Latent and Patent Defects

Latent defect * Adefect which existed at the time of acceptance and could not have been discovered by a reasonable inspection Patent defect * Any defect which existed at the time of acceptance and is not a latent defect

The principal purposes of a warranty in a government contract are

to delineate the rights and obligations of the contractor and the government for defective items and services, and to foster quality performance A warranty should provide a contractual right for the correction of defects notwithstanding any other requirement of the contract pertaining to acceptance of the supplies or services by the government and a stated period of time or use, or the occurrence of a specified event, after acceptance by the government to assert a contractual right for the correction of defects. The benefits to be derived from a warranty must be commensurate with the cost of the warranty to the government. The use of a warranty is not mandatory.