§ 1-12.1202 Regulations and rulings on applicability of interpretation.

Regulations relating generally to occupational safety and health standards appear in 29 CFR Part 1910. Those relating particularly to construction appear in 29 CFR Part 1926, and solicitations for offers in the construction field should reference the Occupational Safety and Health Standards as set forth therein. Contractors and contractor employees who inquire concerning the applicability or interpretation of the WilliamsSteiger Act or standards and regulations issued thereunder should be advised that these matters fall within the jurisdiction of the Department of Labor and should be given the address of the appropriate regional or area office of the Occupational Safety and Health Administration of the Department of Labor.

[38 FR 21405, Aug. 8, 1973]

'See Temporary Regulation 39 published at 41 FR 33265, Aug. 9, 1976, for temporary changes to Subpart 1-12.11.

(a) Inspection on behalf of the Government shall be conducted in all cases prior to acceptance, except as permitted by § 1-14.205. Inspection shall be accomplished by or under the direction or supervision of Government personnel. The contractor may be required under the terms of the contract to establish and maintain an acceptable inspection or quality control system (see § 1-14.104) to assure compliance with contract specifications with a minimum of Government inspection. Except as otherwise provided in the contract, testing required to be performed by the contractor may be performed in the contractor's or subcontractor's laboratory or any other laboratory acceptable to the Government. A manufacturer's certificate or other statement of quality or quantity may be considered in determining whether supplies or services are in conformity with the contract. In no event shall any contract preclude the Government from performing inspection.

(b) The type and extent of inspection needed depend on the particular procurement. For example, when items which would involve small losses in the event of defects or when knowledge of the contractor's reputation or past performance provides assurance that the supplies would be replaced or corrected without contest, and the cost of detailed inspection is not justified, inspection may consist only of checks for identity, quantity, and shipping damage.

81-14.102 Responsibility for inspection.

Inspection, or the arrangement therefor, is the responsibility of the contracting activity. Where a contracting activity uses the inspection services of another Federal agency, the agency performing such inspection has primary inspection cognizance, and its inspection determinations are binding on the contracting activity for which the inspection services are performed. In interdepartmental procurements where Government inspection is to be made at source, it generally will be made by inspectors of the contracting agency; but this general rule does not alter inspection interchange agreements or preclude the use of inspectors of another agency located at or servicing the contractor's plant. Where Government inspection at destination is required in interdepartmental procurements, the agency requiring the supplies may be requested to arrange for the inspection.

§ 1-14.103 Use of Government inspection facilities.

By appropriate inspection agreements, executive agencies shall provide for the use of inspection services of other agencies when such use will assure the most economical and effec tive inspection consistent with the best interest of the Government.

(a) Inspection services may be arranged for on the basis of individual plants, geographic areas, specified contracts, or groups or classes of contracts or commodities.

(b) Inspection agreements shall set forth the arrangements regarding reimbursement, if any, for inspection services (see § 1-14.103-5) and shall include specific provisions for (1) use of the practices, records, and forms of the activity performing inspection, unless the use of others is mutually agreeable; (2) channels of communications; and (3) designation of source and delivery date of any Government inspection equipment to be supplied.

§ 1-14.103-2 Inspection interchange agree

ments.

(a) Wherever there are multiple Government inspection assignments in a supplier's plant, the agencies involved shall by an inspection interchange agreement provide for the interchange of inspection services. Specific contracts may be exempted from interchange agreements if they are:

(1) Contracts for research, development, testing, or experimental work involving inspection tasks that the contracting agency determines can be. most effectively performed by its own inspection activity; or

(2) Production contracts which can be effectively serviced only by the contracting agency's inspectors because they have acquired special skills required to perform the unusual or highly technical tasks involved.

(b) Inspection interchange agreements shall be designed to eliminate duplication, overlapping, or multiple assignments of Government inspection activities in any one plant.

(c) Agency procedures should permit detailed inspection interchange agreements to be initiated and completed at the operating level which is in a position to insure coordinated and effective implementation. Where operating level activities are unable to reach inspection interchange agreements or the propriety of exemptions is questioned and cannot be resolved, such matters shall be referred independently by each operating level activity through channels to the head of its agency for resolution.

§ 1-14.103-3 Inspection services available from Federal agencies.

(a) General Services Administration. (1) Agencies may arrange with the nearest General Services Administration regional Quality Control Division for inspection services (including sampling and laboratory, chemical, and physical testing) and advice required for the proper acceptance of purchased supplies and services. Requests which involve unusually large or continuing inspection programs should be made to the General Services Administration. Federal Supply Service, Quality Control Division, General Services Regional Office Building, Washington,

D.C. 20407. Such inspection services and advice will be rendered to the maximum extent that current workload permits and in accordance with the reimbursement policy outlined in § 1-14.103-5. Special attention will be given to assisting ordering offices in the inspection of supplies and services procured under Federal Supply Schedule contracts.

(2) If the General Services Administration is unable to render the inspection assistance requested, it will endeavor to arrange for another Federal agency to provide the required services.

(b) Other agencies. In addition to the General Services Administration, many Federal agencies have quality control or inspection organizations which provide inspection services. Information as to the type of services available from these agencies, their policy on performing services for other Federal agencies, and the making of arrangements for their services, is contained in the Directory of U.S. Government Inspection Services and Testing Laboratories (see (c) of this § 114.103-3).

(c) Directory of U.S. Government Inspection Services and Testing Laboratories. The "Directory of U.S. Government Inspection Services and Testing Laboratories," issued by the General Services Administration, contains pertinent information concerning the major inspection offices and testing laboratories of the Federal Government. It should be used by all Federal agencies when requiring inspection services. The Directory will be helpful in determining the facility best equipped, staffed, and geographically located to perform the desired services most economically. Copies of the Directory are available to Federal agencies upon request to the General Services Administration (FMQP), Washington, D.C. 20406. Copies of the Directory may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

[29 FR 10281, July 24, 1964, as amended at 42 FR 23507, May 9, 1977]

§ 1-14.103-4 Furnishing inspection services.

Executive agencies should, upon request, provide inspection services to any Federal agency, any mixed ownership corporation (as defined in the Government Corporation Control Act), the District of Columbia, the Senate, the House of Representatives, and the Architect of the Capitol and any activity under his direction.

or

§ 1-14.103-5 Reimbursement for services. (a) Any executive agency may supply, without reimbursement transfer of funds therefor, services, work, materials, and equipment to another executive agency in connection with the inspection of supplies being purchased by the latter agency. The determination whether or not to require monetary reimbursement for inspection services rendered rests with the agency performing the services. Such determination should be made in accordance with the following:

(1) Agencies may, and should, to the maximum extent practicable, exchange inspection services on a reimbursement-in-kind basis without requiring cross billing or monetary reimbursement.

(2) Agencies may perform inspection services of any value without requiring reimbursement where resident or itinerant inspectors are available in a manufacturing plant or nearby and where the additional work will not necessitate personnel increases.

(3) Agencies should, generally, waive reimbursements of less than $100 and, in any event, should not seek reimbursement if the cost of the administrative procedures attendant to billing and collecting for inspection services would equal or exceed the cost of the services performed.

(b) Whenever inspection services are performed for other than an executive agency, reimbursement therefor shall be in accordance with applicable laws and regulations.

§ 1-14.104 Contractor responsibility.

(a) The standard inspection clause in § 1-7.101-5 (and in Standard Form 32, General Provisions (Supply Contract)) requires the contractor to maintain an inspection system acceptable to the

Government and records of all inspection work performed by the contractor. The contractor's inspection system should be such as to provide reasonable assurance that the supplies subject to inspection will conform to contract requirements and should include any quality control procedures necessary to this end.

(b) Where quality control procedures are considered necessary (as may be the case, for example, when complex items are being purchased), a clause specifically requiring the contractor to maintain a quality control system acceptable to the Government shall be included in the contract unless the items are being purchased under specifications which in themselves contain adequate quality control provisions. In addition, the contract shall specify the quality control requirements to be complied with by the contractor, including control measures for manufacturing processes and documentation pertinent to quality, testing and inspection, fabrication, and delivery.

(c) Government inspection activities shall plan and conduct systematic evaluation and verification of contractors' inspection systems, quality control systems, and supplies, to the extent necessary to obtain maximum assurance of quality production by the contractor consistent with efficient use of manpower and facilities. In any case, however, the contractor shall be required to perform all examinations and tests called for by the contract requirements except those which are reserved for performance by the Government.

81-14.105 Places of inspection.

81-14.105-1 General.

(a) Inspection of supplies and services shall be made at such times and places (including any stage and period of manufacture, and including subcontractors' plants) as are necessary to determine that the supplies and services conform to contract requirements. Each contract shall designate the place or places at which the Government intends to perform inspection. Where the contract provides for inspection at source, the place or places

of inspection may not be changed without the authorization of the contracting officer.

(b) Where a contract provides for delivery and acceptance at destination (see § 1-14.203) and the Government inspects the supplies for conformance with contract specifications at a place other than destination, the supplies shall not be reinspected at destination for such conformance. However, such supplies should be examined at destination for damage in transit, quantity, and possible substitution or fraud.

§ 1-14.105-2 Inspection at source.

Supplies and services shall be inspected at source where:

(a) Inspection at any other point would require uneconomical disassembly or destructive testing;

(b) Considerable loss would result from the manufacture and shipment of unacceptable supplies or from the delay in making necessary corrections;

(c) Special instruments, gauges, or facilities required for inspection are available only at source;

(d) Inspection at any other point would destroy or require the replacement of costly special packing and packaging;

(e) A quality control system as required by the contract or inspection during performance of the contract is essential;

(f) Supplies requiring technical inspection are destined for points of embarkation for overseas shipment; or

(g) It is otherwise determined to be in the best interest of the Government.

§ 1-14.105-3 Inspection at destination. Supplies of services shall be inspected at destination where:

(a) Deliveries of supplies purchased "off the shelf" are made from a point other than that of manufacture;

(b) Necessary testing equipment is located only at destination;

(c) Products being purchased are processed under direct control of the National Institutes of Health or the Food and Drug Administration, Department of Health, Education, and Welfare;

(d) Perishable subsistance supplies are purchased within the United

States, except that perishable subsistence supplies destined for overseas shipment will normally be inspected for condition and quantity at points of embarkation;

(e) Brand name products are purchased for authorized resale (through commissaries or similar facilities), except that where supplies are destined for direct overseas shipment, inspection (and acceptance) may be accomplished by the contracting officer or his authorized representative on the basis of a tally sheet evidencing receipt of shipment signed by the port transportation officer or other designated official at the transshipment point; or

(f) It is otherwise determined to be in the best interest of the Government.

§ 1-14.106 Inspection of small purchases ($10,000 or less).

(a) This § 1-14.106 applies to all small purchases, including items described in Federal and military specifications, and qualified products. In determining the type and extent of Government inspection to be required on small purchases, the smallness of possible losses and the likelihood of uncontested replacement of defective articles shall be considered.

(b) Generally, inspection of small purchases shall be at destination. Purchasers, users, and installers may be considered inspectors for small purchase inspection purposes.

(c) Unless detailed technical inspection is necessary, inspection shall consist of examination of (1) type and kind; (2) quantity; (3) damage; (4) operability, if readily determinable; and (5) packaging and marking, if applicable.

(d) Detailed technical inspection shall be performed if special specifications are involved or if defective supplies are likely to harm personnel or equipment. Such inspection may also be necessary for other reasons (e.g., where the use of defective supplies may cause significant loss in program time or significant increase in program costs).

(e) Detailed technical inspection may be limited to those characteristics