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  • Question

    52.246.15(Certificate of Conformance) considers the subject of the document to be "The Contractor". However, could you please specify what the "Contractor" is? Does it have to be the original manufacturer? or Can it also be supplier(retailer)?


    Answer

    In situations where we need to find the definition of a concept in the FAR, we look first in the clause to see if there is one there. There is no definition of "Contractor" in FAR 52.246.15. The next step is to "zoom out" to the prescribing FAR part. However, there is no definition in FAR Part 46 either, and the term "Contractor" is not defined in FAR Part 2 (Definitions) either. However, "Contractor" is defined in FAR Part 9 (Contractor Qualifications), which applies to all contracts. FAR 9.403 states:
    “Contractor” means any individual or other legal entity that --
      (1) Directly or indirectly (e.g., through an affiliate), submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded, a Government contract, including a contract for carriage under Government or commercial bills of lading, or a subcontract under a Government contract; or
      (2) Conducts business, or reasonably may be expected to conduct business, with the Government as an agent or representative of another contractor.

    Unless the original manufacturer meets one of these two definitions (unlikely), then the supplier is the Contractor.

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