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OkD FAQ
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45.104 Responsibility and liability for Government property. (a) Generally, contractors are not held liable for loss, damage, destruc- tion, or theft of Government property under the following types of contracts: (1) Cost-reimbursement contracts. (2) Time-and-material contracts.
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A COR must ensure that the work performed under the contract is measured against the contract terms and quality requirements. If performance does not meet contract quality requirements, it is incumbent on the COR to identify deficiencies and to advise the contracting officer.
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Under the Uniform Commercial Code (UCC), buyers of goods have a right before payment or acceptance to inspect the goods at any reasonable time, place, or manner. UCC § 2-513.
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The Contractor shall furnish a written statement to the Property Administrator containing all relevant facts, such as cause or condition and a recommended course(s) of action, if overages, shortages, or damages and/or other discrepancies are discovered upon receipt of Government-furnished property.
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The inspection clause for fixed price contracts allows for the contracting officer to charge not only the cost of rework to the contractor but also any additional costs associated with re-inspection.
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The COR may perform inspections by using several techniques and procedures including spot checks, scheduled inspections of functions performed by the contractor on a periodic basis, random sampling of routine functions, use of contract monitoring and user reports, and periodic review of the contractor's quality control ...
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