ate conformance of product or service to quality requirements of the contract. § 14.001-3 Inspection.

Inspection means the examination and testing of supplies or services (including, when appropriate, raw materials, components, and intermediate assemblies) to determine whether they conform to contract requirements.

§ 14.001-4 Testing.

Testing is an element of inspection and generally denotes the determination by technical means of the properties or elements of supplies, or components thereof, including functional operation, and involves the application of established scientific principles and procedures. § 14.001-5 Subcontractor.

Subcontractor means any supplier, distributor, vendor, or firm which furnishes supplies or services to or for a prime contractor or another subcontractor.

§ 14.001-6 Acceptance.

Acceptance means the act of an authorized representative of the Government by which the Government assumes for itself, or as agent of another, ownership of existing and identified supplies tendered or approves specific services rendered, as partial or complete performance of the contract on the part of the contractor.

Subpart A-General

SOURCE: The provisions of this Subpart A appear at 33 F.R. 10199, July 17, 1968, unless otherwise noted.

§ 14.101 Types of contract quality requirements.

There are five basic categories of contract coverage for assuring conformance of products or services to contract requirements: (a) Not including any specific quality requirement in the contract, in which case the Government does not perform any procurement quality assurance actions at source, but instead relies on the contractor's internal control to obtain the supplies or services specified in the contract; (b) contractor responsibility provisions (§ 14.101-1); (c) standard inspection requirement (§ 14.

101-2); (d) MIL-I-45208 Inspection System Requirement (§ 14.101-3); and, (e) MIL-Q-9858 Quality Program Requirement (§ 14.101-4).

§ 14.101-1 Contractor responsibility provisions.

Contractor responsibility provisions, making the contractor responsible for the inspection and test of products before offering them to the Government, are effected by:

(a) Citing in the contract FederalMilitary Specifications which contain a "Responsibility for Inspection" clause in section 4, "Quality Assurance Provisions" of the Specifications;

(b) Citing in the contract FederalMilitary drawings which carry a note relative to the contractor's responsibility for inspection and test;

(c) Including the following clause in the contract.

RESPONSIBILITY FOR INSPECTION (SEPTEMBER 1968)

Notwithstanding the requirements for any Government inspection and test contained in specifications applicable to this contract, except where specialized inspections or tests are specified for performance solely by the Government, the Contractor shall perform or have performed the inspections and tests required to substantiate that the supplies and services provided under the contract conform to the drawings, specifications and contract requirements listed herein, including if applicable the technical requirements for the manufacturers' part numbers specified herein.

[33 F.R. 10199, July 17, 1968, as amended at 33 F.R. 19924, Dec. 28, 1968] § 14.101-2

ment.

Standard inspection require

Standard inspection requirement is a requirement that the contractor maintain an inspection system acceptable to the Government. This requirement is included in the standard inspection clauses (see, for example, paragraph (e) of the Inspection clause in § 7.103-5(a) of this chapter) and is not further defined by a Government specification. This requirement is appropriate when for reasons of practicability (e.g., purchase of a commercial item) or because of the nature of the supplies (i.e., the item serves a function that is not materially or consequentially related to military opera

Inspection system requirement is a requirement, in addition to the standard inspection requirement, that the contractor establish and maintain an inspection system in accordance with a Government specification. This requirement shall be referenced in contracts when technical requirements are such as to require control of quality by inprocess as well as final end item inspection, including control of such elements of the manufacturing process as measuring and testing equipment, drawings and changes, inspection, documentation and records. The objectives and essential elements of an inspection system are prescribed in MIL-I-45208, which shall be referenced in contracts when an inspection system requirement has been established.

Quality program requirement is a requirement, in addition to the standard inspection requirement, that the contractor establish and maintain a quality program in accordance with a Government specification. Such a requirement shall be established when the technical requirements of the contract are such as to require control of work operations, in process controls, and inspection, as well as attention to other factors (e.g., organization, planning, work instructions, documentation control, advanced metrology). The objectives and essential elements of a quality program are prescribed in MIL-Q-9858 which shall be referenced in contracts when a quality program requirement has been established.

ment quality assurance actions can be performed at source.

(ii) Contractor responsibility clause. (See § 14.101-1.) Use of this requirement alone is restricted to purchases under Subpart F, Part 3 of this chapter.

(iii) Standard inspection requirement. (See § 14.101-2.) Must be used on all fixed price supply contracts over $2,500. It may be used alone or in conjunction with Contractor Responsibility clause on purchases under Subpart F, Part 3 of this chapter. It must be used with the MIL-I-45208 and MIL-Q-9858A.

(iv) MIL-I-45208 and MIL-Q-9858A. (See §§ 14.101-3 and 14.101-4.) Technical personnel should be consulted before a decision is made as to which of these specifications is to be used in a contract. (2) Classification by contract item technical description:

(1) Commercial (catalogs, drawings, industrial standards).

(ii) Military-Federal (drawings, specifications).

(3) Classification by type of items:

(i) Complex items have quality characteristics, not wholly visible in the end item, for which contractual conformance must progressively be established through precise measurements, tests and controls accomplished during purchasing, manufacturing, assembly, and functional operations either as an individual item or in conjunction with other items.

(ii) Noncomplex items have quality characteristics for which simple measurement and test of the end item is sufficient to determine conformance to contract requirements.

(4) Classification by type of application:

(i) Critical: A critical application of an item is one in which the failure of the item could injure personnel or jeopardize a military mission. Critical items may be either:

(a) Peculiar, meaning items which have only one application, or

(b) Common, meaning items which have multiple applications.

Whether peculiar or common, purchases of critical items must have contract quality requirements.

(ii) Noncritical: A noncritical application is any application which is not critical. Noncritical items may also be either peculiar or common.

(b) Application of the criteria: Decisions must be made as to whether the

(c) The table in paragraph (b) of this section is intended for use as a guide in selecting the contract quality requirement normally considered appropriate for the given item criteria. However, where circumstances warrant, a contract quality requirement of a greater or lesser degree than that arrived at through use of this table may be specified by the PCO.

§ 14.102 Responsibilities of the con

tractor.

(a) The contractor is responsible for carrying out his obligations as set forth in the terms and conditions of the contract and in the applicable specifications Most Department of Defense contracts include, or reference, standard requirements, such as those in general provisions, special clauses for an inspection system or quality program, and performance and product specification requirements. The contractor is responsible for controlling product quality and for offering to the Government for acceptance only those supplies and services that conform to contract requirements and, when required, for maintaining and furnishing substantiating evidence of this conformance.

(b) The control of quality by the contractor may relate to, but is not limited to:

(1) Manufacturing processes, to assure that the product is produced in accordance with technical requirements;

(2) Drawings, specifications, and engineering changes, to assure that manu

Critical..

facturing methods and operations reflect technical requirements;

(3) Testing and examination, to assure that practices and equipment provide the means for optimum evaluation of characteristics subjected to inspection;

(4) Reliability and maintainability assessment (life, endurance, and continued readiness);

(5) Fabrication and delivery of products to assure that only conforming products are tendered to the Government;

(6) Technical documentation, including drawings, specifications, handbooks, manuals, and other technical publications; and

(7) Preservation, packaging, packing, and marking.

132 F.R. 16409, Nov. 30, 1967]

(d) Review and evaluation of quality information, including reports from the user, to initiate required corrective actions or to adjust Government procurement quality assurance actions. [32 F.R. 16409, Nov. 30, 1967] § 14.103-1 Subcontracts.

Government procurement quality assurance at subcontractor's plans shall be performed only when necessary to assist the contract administration office cognizant at the prime contractor's plant. Section 14.407 provides guidance on Government procurement quality assurance actions at the subcontract level. [32 F.R. 16409, Nov. 30, 1967]

§ 14.103-2 Specialized inspections reserved to the Government.

Although contracts generally require that contractors are responsible for performing inspection prior to submitting supplies to the Government, there are situations when contracts will provide for specialized inspections to be performed solely by the Government. Among situations for which specialized Government inspection is required are the following:

(a) Test requirements necessitate the use of specialized test equipment or facilities not ordinarily available in suppliers' plants or commercial laboratories (e.g., ballistic testing of ammunition unusual environmental tests, or simulated service tests); or

(b) The contract requires Government testing for first article approval (see Subpart S, Part 1 of this chapter). [32 F.R. 16409, Nov. 30, 1968] Subpart B-Responsibility of Government Organizations for Quality of Supplies and Services

§ 14.201 Organization responsible for technical requirements.

(a) The activity responsible for technical requirements (e.g., specifications, drawings and standards) is responsible for prescribing inspection, testing, or other contract quality requirements that are essential to assure the integrity of products and services.

(b) To the extent feasible, alternative but substantially equivalent inspection methods shall be provided in order to obtain wide competition and low cost. Contractor - recommended alternatives may be authorized when in the interest

of the Government and after approval by the activity responsible for technical requirements.

(c) The activity responsible for technical requirements may also prepare instructions regarding the type and extent of Government inspections pertaining to contracts for specific supplies or services that are complex or for which unusual requirements have been established. Such instructions shall be kept to a minimum taking into account the policy contained in § 14.403 (a). Normally, issuance of these instructions will not be appropriate for standard commercial items except when items having critical characteristics are being purchased. After issuance of these instructions, production problems, product-oriented visits, user experience and input from the contract administration office shall be analyzed periodically to determine whether conditions warrant a change in type and extent of the inspection requirements. Such analysis may result in decreasing or increasing Government inspection. These instructions shall be prepared on a contract-by-contract basis and shall not be issued:

(1) As a substitute for incomplete contract quality requirements;

(2) Where the contract does not impose equal or greater inspection requirements on the contractor;

(3) Encompassing broad or general designations such as "all requirements," "all characteristics," or "all characteristics in the classification of defects;"

(4) On routine administrative procedures; or

(5) Specifying continued inspection requirements when statistically sound sampling will provide an adequate degree of protection.

(d) In the preparation of such instructions, the technical activity shall consider, to the extent available and applicable, such factors as:

(1) The past quality history of the contractor;

(2) The criticality of the materiel procured in relation to its ultimate use considering such factors as reliability, safety and interchangeability;

(3) Problems encountered in the development of the product;

4) Problems encountered in the acquisition of the same or similar materiel; (5) Previously generated feedback data from receiving, testing or using activities; and

(6) Other contractor's experience in overcoming manufacturing problems. When knowledge of the determining factors, which resulted in the requirement for Government inspection, would be useful to the contract administration office in performing the procurement quality assurance function, these factors should be provided to the contract administration office.

[32 F.R. 16408, Nov. 30, 1967, as amended at 35 F.R. 8438, May 29, 1970]

§ 14.202 Purchasing office.

(a) The purchasing office is responsible after coordinating, where necessary, with the technical activity for contractually formalizing requirements for quality and, within the provisions of § 14.201(c), issuing Government inspection instructions to the contract administration office. The purchasing office shall include, in each solicitation and resultant contract, by contract clause, exhibit or specification reference, appropriate requirements for the contractor's control of quality for the supplies or services to be procured (see §§ 14.30214.304).

(b) The purchasing office may conduct, in conjunction where necessary, with the activity responsible for technical requirements, product-oriented surveys and evaluations to determine the adequacy of the technical requirements relating to quality and product conformance to design intent. The purchasing office may arrange with the contract administration office to participate in preaward surveys, postaward, and preproduction conferences, and first article testing. The purchasing office may aid the contract administration office in the transition from research and development to production, aid the technical activity in improving the quality requirements in contracts when first designated for competitive procurement, and aid in ascertaining the source of difficulties associated with user experience reports. § 14.203 Contract administration office.

(a) Except as otherwise specified in the contract, the contract administration office cognizant at a plant is responsible for the performance of Government procurement quality assurance actions. The contract administration office shall verify that the contractor has fulfilled contract quality requirements. It is the contract administration office responsi

bility to develop and apply effective and efficient procedures for Government procurement quality assurance. The contract administration office shall perform speIcific Government inspection actions when these actions are required in writing by the purchasing office. In implementing written Government inspection instructions, the contract administration office shall review these instructions and when appropriate, make recommendations to the purchasing office for their improvement in terms of both technical effectiveness and cost, particularly with respect to the utilization of Department of Defense personnel, equipment, and facilities. Written Government inspection instructions shall be continued on schedule as prescribed until the recommendation has been acted upon. The purchasing office is obligated to take appropriate action on such recommendation.

(b) The contract administration office shall report to the purchasing office any observed deficiencies in design or technical requirements, including contract quality requirements, and recommend necessary changes to the contract, specifications, or other requirements which will provide more effective operations or eliminate unnecessary costs.

Subpart C-Contract Provisions for Government Procurement Quality Assurance and Acceptance

§ 14.301 Quality assurance clauses.

(a) The appropriate clauses referenced in §§ 14.302-14.304 shall be inserted in contracts other than those entered into by use of DD Form 1155, Order for Supplies and Services/Request for Quotations (see Subpart F, Part 3 of this chapter.

(b) In purchases made by use of DD Form 1155 there generally is no requirement for the contractor to perform inspection; however, (1) the item may be purchased under a Federal or Military specification providing that the contractor is responsible for inspection, or (2) the nature of the item may make it desirable to include one or more of the clauses listed in §§ 14.101 and 14.302 through 14.304.

[32 F.R. 16408, Nov. 30, 1968, as amended at 33 F.R. 10200, July 17, 1968]

§ 14.302 Standard inspection clauses.

Where inspection is sufficient to assure that the supplies and services conform to