BowtechDan

How has some offices handled surveillance on construction contracts? In the Army, I've seen many KO's waive a QASP in the contract file. The reason? Because "it's a construction contract". They read AR 70-13 which discusses "Mgmt of Services Acquisition" and that reg states it "excludes construction". They then take that as gospel and totally forget what FAR Part 46 says. What the CORs are doing? Who knows. FAR Part 46.4 does not discriminate or single out services, construction or manufacturing: (a) Government contract quality assurance shall be performed at such times (including any stage of manufacture or performance of services) and places (including subcontractors’ plants) as may be necessary to determine that the supplies or services conform to contract requirements. Quality assurance surveillance plans should be prepared in conjunction with the preparation of the statement of work. The plans should specify -- (1) All work requiring surveillance; and (2) The method of surveillance. 246.102 Policy. Departments and agencies shall also— (1) Develop and manage a systematic, cost-effective Government contract quality assurance program to ensure that contract performance conforms to specified requirements. Apply Government quality assurance to all contracts for services and products designed, developed, purchased, produced, stored, distributed, operated, maintained, or disposed of by contractors. (2) Conduct quality audits to ensure the quality of products and services meet contractual requirements. (3) Base the type and extent of Government contract quality assurance actions on the particular acquisition. If you are going to build something whether it's a building, widget, whatever, you should document who will do what, when and how. That is your surveillance / inspection plan. Surveillance / inspection is really the same in the end, call it what you want. It's still the act of making sure the work is IAW contract requirements (SOW, PWS, Drawings, Specifications, etc). Construction can have numerous milestones. You don't wait till the end product to do inspections, and you don't just "wing it" day-to-day. You need to have a plan, identify milestones, and document what work will be inspected, when it will be inspected, and then work that into planning with the contractor. The concept is very similar to building an aircraft. For construction, 52.246-12 is your friend. And the FARs definition of “Acquisition” means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract.

http://www.dtic.mil/whs/directives/corres/pdf/500072p.pdf Here's the latest DODI if the question is applicable to DOD. See para 1 (i) & (j).

Some of the tasks CORs are appointed to do are inherently governmental. Another question to ask is: where will the work be performed? In some parts of Afghanistan, we don't have civilians, or we don't risk military convoys outside the fence to do contract oversight. DFARS 207.503 states: (S-70) Contracts for acquisition functions. (1) In accordance with 10 U.S.C. 2383, the head of an agency may enter into a contract for performance of the acquisition functions closely associated with inherently governmental functions that are listed at FAR 7.503(d) only if— (i) The contracting officer determines that appropriate military or civilian DoD personnel— (A) Cannot reasonably be made available to perform the functions; (B) Will oversee contractor performance of the contract; and (C) Will perform all inherently governmental functions associated with the functions to be performed under the contract; and.