Section E 70LCHS25RPFB00002.pdf

Federal Law Enforcement Training Centers Charleston SC

70LCHS25RPFB00002

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SECTION E - INSPECTION AND ACCEPTANCE

TABLE OF CONTENTS

No. Title Page No.

E.1 INSPECTION AND ACCEPTANCE ………………………………………….. E-1

E.2 CLAUSES INCORPORATED BY REFERENCE …………………………….. E-1

E.3 CONTRACTOR QUALITY CONTROL (QC)………………………………… E-1

E.4 GOVERNMENT QUALITY ASSURANCE (QA) ……………………………. E-2

E.5 CONTRACTOR’S FAILURE TO PERFORM REQUIRED SERVICES………… E-2

E.6 INSPECTION BY REGULATORY AGENCIES…………………………………. E-3

E.7 PERFORMANCE EVALUATION MEETINGS …………………………………. E-3

TECHNICAL EXHIBITS

E-1 PERFORMANCE REQUIREMENTS SUMMARY

E-2 QUALITY ASSURANCE SURVEILLANCE PLAN

E-3 CONTRACTOR PERFORMANCE ASSESSMENT REPORT

E.1 INSPECTION AND ACCEPTANCE

The performance by the Contractor and the quality of all work delivered, including services rendered and any documentation or written material compiled shall be subject to inspection, evaluation, review, and acceptance by the Government. All inspections and evaluations shall be performed in a manner that will not unduly delay the work.

E.2 52.252-2 – CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http:/www.acquisition.gov/far

52.246-2 Inspection of Supplies - Fixed-Price (AUG 1996)

52.246-4 Inspection of Services - Fixed Price (AUG 1996)

52.246-16 Responsibility for Supplies (APR 1984)

E.3 CONTRACTOR QUALITY CONTROL (QC)

a. In accordance with the FAR clause “52.246-4 INSPECTION OF SERVICES-FIXED-PRICE", the

Contractor shall establish and maintain a complete Quality Control Program (QCP) that is acceptable to the

Contracting Officer, to assure the requirements of the contract are provided as specified.

b. Two (2) copies of the complete QCP shall be provided to the Contacting Officer for review and approval within 15 days before the contract start date (or as otherwise directed by the Contracting Officer), 15 days after start of option years, and as changes to the program are proposed.

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c. The program shall include, as a minimum:

(1) A quality control inspection system covering all services included in the contract. It must specify areas to be inspected on either a scheduled or unscheduled basis and how inspections are to be conducted.

(2) The name(s) of the individual(s) tasked to perform the quality control inspections, their qualifications, and the extent of their authority.

(3) A method for identifying deficiencies in the quality of services performed and for taking corrective action before the level of performance becomes unsatisfactory.

(4) A customer complaint feedback system, for correction of validated complaints and to inform the customer of corrections. At a minimum, the Customer Complaint System shall contain procedures for the customer to file complaints with the Contractor, forms to be utilized by the customers, procedures for investigation of the complaint and feedback to the customer and the Government on the results and actions taken on the complaint.

(5) Procedures for written and verbal communication with the Government regarding the performance of the contract.

(6) Specific surveillance techniques for each contract service identified in the Performance

Requirements Summary (PRS). (See Section J, Exhibit E-1)

d. The Contractor file of all Quality Control Inspections, inspection results, and any corrective action shall be the property of the Government. The file shall be turned over to the Contracting Officer within ten (10) calendar days after completion or termination of the contract. Upon request, the file shall be made available for review by the

Contracting Office at any time during performance of this contract.

e. The parties to this contract agree that the Contractor, as a result of the contractual obligation to supervise the personnel furnished and oversee the quality of their performance, shall be conclusively presumed to have actual knowledge of work not performed, and that therefore a written notice shall not be a prerequisite for reducing payment or assessing liquidated damages for non-performed service(s).

E.4 GOVERNMENT QUALITY ASSURANCE (QA)

a. In accordance with the "FAR 52.246-4, INSPECTION OF SERVICES-FIXED-PRICE" Clause, each phase of the services rendered under this contract is subject to Government inspection both during the Contractor's operations and after completion of the tasks. After each inspection, the Contractor will be advised of any unsatisfac-tory condition(s) for which he/she is responsible. The Contractor shall correct such deficiencies promptly and, by written report to the Contracting Officer, shall address corrective/preventive actions taken. The Government's

Quality Assurance Surveillance Program is not a substitute for Quality Control by the Contractor.

b. The Contracting Officer's Technical Representative (COTR) may check the Contractor's performance and document any noncompliance, but only the Contracting Officer may take formal action against the Contractor for unsatisfactory performance. The COTR will be designated at time of contract award. A resume of COTR duties and authority, will be furnished to the Contractor at the pre-performance/post-award conference. The Contractor shall sign an acknowledgment of the COTR appointment letter.

c. The Government will reduce the Contractor's invoice or otherwise withhold payment for any individual item of nonconforming service observed. The Government will develop a statistically confident sample of required service items, to which the Government may apply statistical extrapolation techniques to the Contractor's perfor-mance to determine total payment due. (See Section J, Exhibit E-2, Quality Assurance Surveillance Plan, for explanation and examples.)

E.5 CONTRACTOR’S FAILURE TO PERFORM REQUIRED SERVICES

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The right of the Government and remedies described in this section are in addition to all other rights and remedies set forth in this contract. Specifically, the Government reserves its rights under the Inspection of Services and Default or Termination clauses. Any reductions pursuant to the PRS (Section J, Exhibit E-1) shall reflect the reduced value of services to be performed under the contract. The Contractor shall not be relieved of full performance of the services hereunder and may be terminated for default based upon inadequate performance of services, even if a reduction was previously taken for any inadequate performance.

E.6 INSPECTION BY REGULATORY AGENCIES

Work described in Section C, is subject to inspection by other Government agencies. The Contractor shall provide personnel to accompany the regulatory agency inspection or review teams. Contractor personnel shall be knowledgeable concerning the work being inspected. The Contractor shall participate in responding to all requests for information, inspection or review findings by regulatory agencies, or other inspections scheduled through the

COTR. This assistance may include testing, operating or disassembling equipment or systems.

E.7 PERFORMANCE EVALUATION MEETINGS

a. The Contractor's representatives shall meet with the Contracting Officer and the CORs weekly during the first month of the contract. Thereafter meetings will be as often as determined by the Contracting Officer

(or coordinated by the Contractor), but not less than monthly for the first six (6) months. A mutual effort will be made to resolve all problems identified. Written minutes of these meetings will be prepared by the Contractor and distributed to the attendees within three business days of the meeting. Any discrepancies or disagreements identified by the Government will be addressed with the Contractor and resolved in a timely fashion.

b. The Government will annually, usually at the end of the current performance period, assess the

Contractor’s overall performance of this contract by completion of the Contractor Performance Assessment Report

(CPAR) (See Section J, Exhibit E-3). The Government may use this form to evaluate the Contractor more regularly if it becomes necessary. The Contractor will be afforded an opportunity to comment on each evaluation performed when the Government uses this form. The Contractor has thirty (30) calendar days to submit written comments on unsatisfactory performance reports.

END OF SECTION E