48 C.F.R. § 52.246-12

52.246-12 Inspection of Construction.

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As prescribed in 46.312, insert the following clause:

Inspection of Construction (AUG 1996)

(a) Definition. Work includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of clause) [48 FR 42478, Sept. 19, 1983, as amended at 51 FR 27120, July 29, 1986; 60 FR 34762, July 3, 1995; 61 FR 31665, June 20, 1996]

Notes of Decisions

Cited in 12 cases, 1993–2009 · leading case: Blinderman Constr. Co. v. United States, 39 Fed. Cl. 529 (Fed. Cl. 1997).

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Blinderman Constr. Co. v. United States, 39 Fed. Cl. 529 (Fed. Cl. 1997). · cites it 5× “48 C.F.R. § 52.246-12 (1988) (emphasis added).”

Neal & Co. v. United States, 36 Fed. Cl. 600 (Fed. Cl. 1996). “See 48 C.F.R. § 52.246-12 . Thus, Modification No.”

Travelers Cas. & Sur. of Am. v. United States, 74 Fed. Cl. 75 (Fed. Cl. 2006). · cites it 2× “Among the clauses incorporated by reference into the contract was the “Inspection of Construction” clause of the FAR, 48 C.F.R. § 52.246-12 . See Ex. 2 (Solicitation § E.”

United States Fire Ins. v. United States, 78 Fed. Cl. 308 (Fed. Cl. 2007). · cites it 2× “” 48 C.F.R. § 52.246-12 (b) (Oct. 1,1995). FAR provision 52.”

S. Comfort Builders, Inc. v. United States, 67 Fed. Cl. 124 (Fed. Cl. 2005). “48 C.F.R. § 52.246-12 . The court concludes from the evidence provided, and as admitted to by SCBI’s project superintendent, Curtis Reed, that SCBI failed to adhere to the contract requirements when it provided the AHUs without the required belt guards or interlock switches,…”

M.A. DeAtley Constr., Inc. v. United States, 71 Fed. Cl. 370 (Fed. Cl. 2006). “(citing the Federal Acquisition Regulation at 48 C.F.R. § 52.246-12 ). In its response, Plaintiff asserts that the Government’s reliance on the Federal Acquisition Regulation is misplaced because that provision applies to corrective work that is necessitated by the contractor’s…”

Com. Contractors, Inc. v. United States, 29 Fed. Cl. 654 (Fed. Cl. 1993). “246-12 ( 48 C.F.R. § 52.246-12 ) which requires a contractor to maintain an adequate inspection system and to perform such inspections as will insure the work conforms to contract requirements.”

Kandarge v. United States Dept. of Navy, 849 F. Supp. 304 (D.N.J. 1994). “48 C.F.R. § 52.246-12 (c) and (d), incorporated into the contract by reference, provided that Government inspections were solely for its benefit and “the presence or absence of a Government inspector does not relieve the Contractor from any contract requirement .”

M.A. Mortenson Co. v. United States, 40 Fed. Cl. 389 (Fed. Cl. 1998). · cites it 2× “” 48 C.F.R. § 52.246-12 (a). This clause also provides for replacement or correction, at the contractor’s expense, of work found not to conform to the contract requirements.”

Barr Ex Rel. Barr v. United States, 628 F. Supp. 2d 800 (N.D. Ill. 2009). “48 C.F.R. § 52.246-12 relating to inspection of construction provides that inspections performed by contracting officers are for the government’s own benefit and do not relieve the contractor of responsibility for providing adequate quality control measures.”

Fleming Steel Co. v. W.M. Schlosser Co., 345 F. App'x 752 (3rd Cir. 2009). “Moreover, the subcontract incorporated 48 C.F.R. § 52.246-12 (Aug.1996), a clause of the Federal Acquisition Regulation governing the inspection of construction, which provides that “Government inspections and tests are for the sole benefit of the Government and do not .”

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