[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR46]

[Page 853-854]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 46_QUALITY ASSURANCE--Table of Contents
 
           Subpart 46.4_Government Contract Quality Assurance
 
Sec.  46.405  Subcontracts.

    (a) Government contract quality assurance on subcontracted supplies 
or services shall be performed only when required in the Government's 
interest. The primary purpose is to assist the contract administration 
office cognizant of the prime contractor's plant in determining the 
conformance of subcontracted supplies or services with contract 
requirements or to satisfy one or more of the factors included in (b) 
below. It does not relieve the prime contractor of any responsibilities 
under the contract. When appropriate, the prime contractor shall be 
requested to arrange for timely Government access to the subcontractor 
facility.
    (b) The Government shall perform quality assurance at the 
subcontract level when--

[[Page 854]]

    (1) The item is to be shipped from the subcontractor's plant to the 
using activity and inspection at source is required;
    (2) The conditions for quality assurance at source are applicable 
(see 46.402);
    (3) The contract specifies that certain quality assurance functions, 
which can be performed only at the subcontractor's plant, are to be 
performed by the Government; or
    (4) It is otherwise required by the contract or determined to be in 
the Government's interest.
    (c) Supplies or services for which certificates, records, reports, 
or similar evidence of quality are available at the prime contractor's 
plant shall not be inspected at the subcontractor's plant, except 
occasionally to verify this evidence or when required under (b) above.
    (d) All oral and written statements and contract terms and 
conditions relating to Government quality assurance actions at the 
subcontract level shall be worded so as not to--
    (1) Affect the contractual relationship between the prime contractor 
and the Government, or between the prime contractor and the 
subcontractor;
    (2) Establish a contractual relationship between the Government and 
the subcontractor; or
    (3) Constitute a waiver of the Government's right to accept or 
reject the supplies or services.

[48 FR 42415, Sept. 19, 1983, as amended at 60 FR 34760, July 3, 1995]