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  • Question

    Can the local QA office do the entire surveillance, or does it need to be a COR since it's a service contract? And where in the regulations does it state the local QA office can have the delegation?


    Answer

    The Contracting Officer is to exercise good business judgment in administering contracts to ensure the contractor complies with the terms and conditions of the contract. As such the Contracting Officer is charged with:
     “Departments and agencies shall also—
    (1) Develop and manage a systematic, cost-effective Government contract quality assurance program to ensure that contract performance conforms to specified requirements.”
    “Agencies shall ensure that –
    (a) Contracts include inspection and other quality requirements, including warranty clauses when appropriate, that are determined necessary to protect the Government’s interest;”
    Quality Assurance is addressed in
    FAR 46, DFARS 246, AFFARS 5346 and command directive.
    FAR 46.000 -- Scope of Part.
    This part prescribes policies and procedures to ensure that supplies and services acquired under Government contract conform to the contract’s quality and quantity requirements. Included are inspection, acceptance, warranty, and other measures associated with quality requirements.
    FAR46.102 -- Policy.
    Agencies shall ensure that --
    (a) Contracts include inspection and other quality requirements, including warranty clauses when appropriate, that are determined necessary to protect the Government’s interest;
    (b) Supplies or services tendered by contractors meet contract requirements;
    (c) Government contract quality assurance is conducted before acceptance (except as otherwise provided in this part), by or under the direction of Government personnel;
    (d) No contract precludes the Government from performing inspection;
    (e) Nonconforming supplies or services are rejected, except as otherwise provided in 46.407;
    (f) Contracts for commercial items shall rely on a contractor’s existing quality assurance system as a substitute for compliance with Government inspection and testing before tender for acceptance unless customary market practices for the commercial item being acquired permit in-process inspection (41 U.S.C. 3307). Any in-process inspection by the Government shall be conducted in a manner consistent with commercial practice; and
    (g) The quality assurance and acceptance services of other agencies are used when this will be effective, economical, or otherwise in the Government’s interest (see Subpart 42.1).
    DFARS246.102 Policy.
    Departments and agencies shall also—
    (1) Develop and manage a systematic, cost-effective Government contract quality assurance program to ensure that contract performance conforms to specified requirements. Apply Government quality assurance to all contracts for services and products designed, developed, purchased, produced, stored, distributed, operated, maintained, or disposed of by contractors.
    (2) Conduct quality audits to ensure the quality of products and services meet contractual requirements.
    (3) Base the type and extent of Government contract quality assurance actions on the particular acquisition.
    (4) Provide contractors the maximum flexibility in establishing efficient and effective quality programs to meet contractual requirements. Contractor quality programs may be modeled on military, commercial, national, or international quality standards.
    DFARS246.103 Contracting office responsibilities.
    (1) The contracting office must coordinate with the quality assurance activity before changing any quality requirement.
    (2) The activity responsible for technical requirements may prepare instructions covering the type and extent of Government inspections for acquisitions that are complex, have critical applications, or have unusual requirements. Follow the procedures at
    PGI 246.103(2) for preparation of instructions.
     
    AFFARS PART 5346 - Quality Assurance
    PART 5346 -
    Quality Assurance
    [ Revised April 6, 2015 ]
    SUBPART 5346.1 – GENERAL
    5346.103 Contracting Office Responsibilities
    See MP5346.103 for Air Force requirements regarding contracting office responsibilities for the Quality Assurance Program.
    5346.401 General
    See the tailorable Corrective Action Report, Customer Complaint Record, and Performance Assessment Report templates
    MP5301.602-2(d) Designation, Assignment, and Responsibilities of a Contracting Officer’s Representative (COR)
    Mandatory Procedure
    MP5301.602-2(d)
    Designation, Assignment, and Responsibilities of a
    Contracting Officer’s Representative (COR)
     


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