Quick Hitter: GSAR Part 546

Just as with my Quick Hitter series on the FAR, my Quick Hitter series on the GSAR is meant to simplify contracting business with the government. This time with GSA.

GSAR 546.302-70 Source Selection By Quality Approved Manufacturer For Fixed-Priced Supply Contracts

Above SAT

GSAR 552.246-70

This clause in the GSAR walks in partnership with the clause at FAR 52.246-2. So, know both. The adjoining FAR clause basically says that the contractor has the responsibility to provide supplies as advertised and in accordance with the government’s ask with documentation of testing while the government has the right to charge for late or secondary testing/inspection if the product does not meet inspection. The government has the right to reject in part or in hole as well as required corrective action by the contractor at the expense of the contractor. Failure to abide by the solicitation may result in an economic price reduction (because the government got less than advertised) or termination for default (because the contractor couldn’t cut the mustard).

The contractor must maintain their specified inspection system throughout the contract and provide the CO with a documented explanation of its functionality before award.

Testing records shall be kept either three (3) years after final payment or four (4) years past document creation in accordance with the contractor’s fiscal calendar.

Records are to include date/time, place of performance, item number(s) and contractor POCs for inspection (with 10 days to replace absences).

The contractor must demonstrate proper capability.

The government usually relies on the manufacturer’s honest dealings. However, the government reserves the right to inspection with seven (7) days notice at any point from the production facility to the point of delivery and even in government storage warehouses in some cases. The contractor must provide all applicable addresses.

The government has the right to select contractor samples at any point of production including completion in a manner in which proprietary information will remain secured. Corrective action must occur in 30 days.

The contractor may be issued a Quality Deficiency Notice (QDN) if contract requirements are not adhered to or deficiencies in plant quality as well as process controls are discovered.

Failure of abidance may be cause of termination for default.

Furthermore, the contractor will be charged a specified amount for additional inspection and repeat testing. The contractor will also be charged for failure to remove rejected supplies by way of unnecessary storage, reshipping back to the contractor for proper disposal, government auction and recoup and government disposal.

Subcontractors are subject to this clause.

The standard replacement time is 12 months unless other terms are specified.

The rates for retesting and subsequent inspection are set by a designated GSA official.

Below The SAT

Please see the above explanation of FAR 52.246-2.

Don’t be turned away by all of the legalese that I synopsisized for you. The government usually adheres to the manufacturer as they are the subject matter expert (SME). However, be certain that the government can inspect and inquire on site.

If you think I can help you then email nicholas.s.robertson@outlook.com for your introductory email and free consultation. 

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