***PROOF READ***
Learning Activity #1
You are preparing a firm fixed price (FFP) solicitation for the fielding of a new system. Do you include a requirement for the winning contractor to provide a warranty? Why or why not? What are some considerations?
There is a necessity to take in a requirement for the winning contractor to arrange for a warranty, i.e. Firm Fixed Price (FFP) is specific types of contracts which offers a price that is not made subject to all type of modifications. Contracting offices are responsible for receiving from the activity responsible for technical requirements any specifications for inspection, testing, and other contract quality requirements essential to ensure the integrity of the supplies or services; including in solicitations and contracts the appropriate requirements for the contractor’s control of quality for the supplies or services for the contract. The contracting officer shall insert an Inspection of Services-Fixed-Price clause (FAR 52.264-4, 2020) during solicitations and contracts for services, supplies, etc. when a fixed-price contract is contemplated and the contract amount is expected to exceed the simplified acquisition threshold. The contracting officer may insert the clause in such solicitations and contracts when the contract amount is expected to be at or below the simplified acquisition threshold and inclusion is in the Government’s interest. (FAR 46.304, 2020).
The contractor is responsible and accountable for carrying out all tests and inspections required to validate that the materials or the services equipped under the contract fit into the contract necessities by controlling the quality of supplies or services. The contractor may be required to provide and maintain an inspection system or program for the control of quality that is acceptable to the Government, therefore evidence should be maintained when required by the contract, that the supplies or services conform to contract quality requirements, and furnishing such information to the Government as required. The quality control by the contractor may relate to the limited reliability and maintainability assessment i.e. life, endurance, and continued readiness (FAR 46.105, 2020). An implied warranty will support the contractor will provide and install their work in a right, professional style and keeping with the industry values and guarantees that may be enclosed throughout the progress of the contract, which is one of the most significant to the contractor’s warranty involving to the excellent work and the contractor’s responsibility to repair any faulty labor on a call-back basis. The main purpose of a warranty in a Government contract is to identify the rights and obligations of the contractor and the Government for defective items and services and promote quality workmanship. The warranty should provide the correction of defects within the contract during the acceptance by the Government (FAR 46.702, 2020). The contractor’s warranty will influence and critical to the successful completion of the contract. Creating the standard or setting a point of reference at which the contractor is estimated to achieve is proposed to guarantee owners obtain full excellence and value for their commercial investment.
Acquisition.gov. (FAC 2020-04/2020, January 15). FAR Part 46. Retrieved April 23, 2020, from https://www.acquisition.gov/content/part-46-quality-assurance#i1071824
Acquisition.gov. (FAC 2020-04/2020, January 15). FAR Part 52. Retrieved April 23, 2020, from https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses
Learning Activity #2
Why are there differing Inspection clauses in FAR Part 52? Pick one and give an example contract where it would be most applicable
The reason why there are inspection clauses is during the solicitation or duration of the contract something may not go as planned and normally has to have a deviation and needs to be identified. If the Federal Acquisition Regulation (FAR) uses a word or term and has the same meaning as per (FAR 2.101, 2020) that effects at the time of solicitation was issued unless the solicitation, or amended solicitation, provides a different definition, then the contracting parties will The have to agree to a different definition. One of the inspection clauses listed in the FAR is Gratuities.
The contractor could be terminated by written from proceeding with their contract by written notice if the head of the contractor agency or designated personnel determined the contractor or another representative was offered or gave a gratuity to an officer, official or employee of the Government; and intended to favorable treatment under the contract. If the contract is terminated by court order the Government is entitled to purse a breach of contract. In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee only if the contract uses money appropriated to the Department of Defense (FAR 52.203-3, 2020).
Acquisition.gov. (FAC 2020-04/2020, January 15). FAR Part 52. Retrieved April 23, 2020, from https://www.acquisition.gov/content/part-2-definitions-words-and-terms#i1125359
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