FAR 52.246-6 Inspection—Time-and-Material and Labor-Hour. Basic (May 2001) (Current)

As prescribed in 46.306, the contracting officer shall insert the clause at 52.246-6, Inspection -- Time-and-Material and Labor-Hour, in solicitations and contracts when a time-and-material contract or a labor-hour contract is contemplated. If Government inspection and acceptance are to be performed at the contractor’s plant, the contracting officer shall use the clause with its Alternate I.

Inspection—Time-and-Material and Labor-Hour (May 2001)

(a) Definitions. As used in this clause—

“Contractor’s managerial personnel” means any of the Contractor’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of—

    (1) All or substantially all of the Contractor’s business;

    (2) All or substantially all of the Contractor’s operation at any one plant or separate location where the contract is being performed; or

    (3) A separate and complete major industrial operation connected with the performance of this contract.

“Materials” includes data when the contract does not include the Warranty of Data clause.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the material, fabricating methods, work, and services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) Unless otherwise specified in the contract, the Government shall accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they shall be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(f) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (h) of this clause, the cost of replacement or correction shall be determined under the Payments Under Time-and-Materials and Labor-Hour Contracts clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.

(g)(1) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may—

        (i) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

        (ii) Terminate this contract for default.

    (2) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute.

(h) Notwithstanding paragraphs (f) and (g) of this clause, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to—

    (1) Fraud, lack of good faith, or willful misconduct on the part of the Contractor’s managerial personnel; or

    (2) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

        (i) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(j) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(k) Unless otherwise specified in the contract, the Contractor’s obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(End of clause)

NONE, but the Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance.

Prime’s Interest;
C/R ✖ FFP ✖ 

52.209-1 Qualification Requirements.

52.212-4 Contract Terms and Conditions—Commercial Items.

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items).

52.246-1 Contractor Inspection Requirements.

52.246-11 Higher-Level Contract Quality Requirement.

52.246-12 Inspection of Construction.

52.246-13 Inspection—Dismantling, Demolition, or Removal of Improvements.

52.246-14 Inspection of Transportation.

52.246-15 Certificate of Conformance.

52.246-16 Responsibility for Supplies.

52.246-2 Inspection of Supplies—Fixed-Price.

52.246-3 Inspection of Supplies—Cost-Reimbursement.

52.246-4 Inspection of Services—Fixed-Price.

52.246-5 Inspection of Services—Cost-Reimbursement.

52.246-7 Inspection of Research and Development—Fixed-Price.

52.246-8 Inspection of Research and Development—Cost-Reimbursement.

52.246-9 Inspection of Research and Development (Short Form).

52.247-4 Inspection of Shipping and Receiving Facilities.

52.248-3 Value Engineering—Construction.

52.246-26 Reporting Nonconforming Items.

52.204-26 Covered Telecommunications Equipment or Services-Representation.

252.217-7005 Inspection and Manner of Doing Work.

252.228-7005 Mishap Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles.

252.239-7000 Protection Against Compromising Emanations.

252.215-7015 Program Should-Cost Review.

1852.246-71 Government Contract Quality Assurance.

1852.246-72 Material Inspection and Receiving Report.

5252.246-9512 INSPECTION AND ACCEPTANCE (NAVAIR)(OCT 2005)

5252.246-9514 INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995)

5252.246-9503 Significance of Systems Engineering Technical Reviews Required under this Contract (NAVAIR)

3052.217-92 Inspection and manner of doing work (USCG).

3052.217-96 Title (USCG).

3052.217-100 Guarantee (USCG).

5152.236-5900 Electrical and Structural Building Standards for Construction Projects

552.211-70 Substantial Completion.

552.246-70 Source Inspection by Quality Approved Manufacturer.

552.236-11 Use and Possession Prior to Completion.

552.236-6 Superintendence by the Contractor.

552.236-15 Schedules for Construction Contracts.

552.236-21 Specifications and Drawings for Construction.

552.238-95 Separate Charge for Performance Oriented Packaging (POP).

552.238-96 Separate Charge for Delivery within Consignee's Premises.

552.238-100 Transshipments.

552.238-109 Authentication Supplies and Services.

552.238-110 Commercial Satellite Communication (COMSATCOM) Services.

970.5204-3 Access to and ownership of records.

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