Sign In
  • Question

    Does the contractor get a copy of the QASP? Where in the regulations is this stated?


    Answer

    There is no regulation that states whether or not the QASP is to be included in the contract. 
     
    The Government has the right to inspect and surveil contractor work to ensure the work meets the requirements.  It is also the contractor's responsibility to maintain quality assurance (QA) of their own work.  We don't tell them how they have to conduct their own QA, but we do tell them how we will inspect.  The Quality Assurance Surveillance Plan (QASP) is the government's plan.  The contractor has the Performance Work Statement (PWS), Statement of Work (SOW), or Specifications to work from and doesn't necessarily need the QASP.  Again, it's their responsibility to have their own quality assurance plan. 
     
    Whether or not the QASP is incorporated into the contract, the contract would have to clearly describe the requirements and the inspection methods so the contractor is not harmed by government inspections.  The courts and boards have ruled on cases concerning QASPs, some had included the QASP and some had not.  The issues the courts have had don't have to do with inclusion, rather, they're focused on whether the requirements were clearly written into the contract. 
     
    It is up to the Contracting Officer to decide if the QASP will be included or not.  But either way, the Government has an obligation to express their intentions to surveil a contract so the contractor can price the impact into their proposal. 
     
    I would refer to the guidance in FAR 46 for direction and recognize the DOD COR Handbook is not regulatory, but it is issued by DPAP and should be viewed as guidance and clarification.  Ultimately, it's up to the Contracting Officer.  That's why you've seen it argued both ways in different situations. 

    Open full Question Details