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  • Question

    How is DCMA supposed to adhere to 246.470-2 and PGI 246.470-2(1) if contractors are denying us data we are required to collect?


    Answer

    Any quality data or any other data developed/generated exclusively under a Government funded contract will carry unlimited rights, meaning the Government can do anything it wants with that data.  This falls out from basic contract operation and rights in data under Government contracts.  The question doesn’t differentiate whether this is a supply or service contract, but Inspection clauses to both types of efforts give the Government significant rights.
     
    For Inspection of Supplies – Fixed Price at FAR 52.236-2 (b) “The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies …  As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome.  These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires…”  There is substantially the same language in Inspection of Supplies – Cost Reimbursement at FAR 52.246-3(b), Inspection of Services – Fixed Price at FAR 52.246-4(b) and Inspection of Services – Cost Reimbursement at FAR 52.246-5(b).  
     
    In other words, the contractor has to provide, maintain, and allow the Government access to the records of the inspection system being utilized on a supply or services contract.  Not providing that access would constitute grounds for various remedies to include withholding of payments all the way up to termination for default. 
     
    Without any additional background information, this is a fairly generic answer.  If you plan on taking any significant action, would strongly recommend you engage legal counsel.
     
     

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