Common use of Inspection and Quality Assurance Clause in Contracts

Inspection and Quality Assurance. 34.1 The Contractor shall inspect all Work and make or cause to be made all tests required by the Agreement. 34.2 All work will be subject to the Contract Administrator’s inspection, direction, and approval. The Contractor agrees to furnish all the information pertaining to the Work as the Contract Administrator may require. 34.3 The Company shall have the right to inspect any Work covered by the Agreement and, at no cost to the Company, the right to inspect and/or audit any of the Contractor’s or its Subcontractors’ inspection records and associated costs pertaining to the Agreement. Such audits may be performed by either or both the Company’s employees or professional auditing firms chosen by the Company. In the event the Work or associated costs are found to be deficient or not in accordance with the Agreement, the Company shall be entitled to seek reimbursement for such audit costs. 34.4 At any time during the term of the Agreement, the Company or its designated representative shall be entitled to: (1) conduct and/or witness any test required by the Agreement; (2) otherwise inspect, witness and/or test the Work; (3) review the Contractor’s and Subcontractor’s procedures and documents pertaining to inspection, testing or witnessing of tests; and (4) review the Contractor’s and Subcontractor’s documents pertaining to the Work. For such purposes the Company and its representatives shall be provided access to the Contractor’s or Subcontractors’ facilities or Work, when and in such manner as the Company may require. In the event the Contractor employs Subcontractors for any part of the Work, the Contractor shall require Subcontractors to comply with the provisions of this Section 34.4. 34.5 The Contractor shall provide and maintain an examination, inspection and testing system acceptable to the Company as required by the Agreement. The Contractor shall submit to the Company the results of all such examinations, tests and inspections and shall maintain records of the same and make them available to the Company. 34.6 In addition to any notice requirements otherwise set forth in the Agreement, the Contractor shall give the Company (a) five days prior written notice of any tests and inspections required by the Agreement, the Company or its representatives’ instructions, laws, regulations or ordinances to be witnessed or approved by the Company, (b) timely notice of all other tests and inspections, and (c) 48 hours additional notice prior to actual performance of any test or inspection. Inspections by the Company shall be made promptly, and where practicable at the source of supply. If such Work should be covered up without approval or consent of the Company, it shall, if required by the Company, be uncovered for examination and properly restored at the Contractor’s expense. 34.7 In all cases other than those specified in Section 34.6, if the Company requests Work to be uncovered for re-examination, the Contractor shall so comply. If such Work is found to be in accordance with the Agreement, the Company shall pay the cost of re-examination and replacement. If such Work is not in accordance with the Agreement, the Contractor shall pay such cost. If the Company is required to reimburse the Contractor for this Work, it shall be on the basis of Section 9.5. 34.8 All testing and inspections required under the Agreement shall be done in accordance with the Agreement. The Company may perform technical inspection of the Work as may be set forth more fully in the Specification. The Field Representative shall have authority to reject all Work and materials which do not conform to the Agreement and respond to questions which arise in the execution of the Work. 34.9 Neither the Company’s nor its representative’s inspection or testing, or witnessing of tests or inspections of the Work nor its failure to perform, require or approve tests or inspections shall (1) affect the warranties and guarantees of the Contractor, (2) relieve the Contractor from any responsibility or liability with respect to workmanship, materials or equipment, (3) constitute an acceptance of the Work by the Company or an agreement by the Company that the Work meets specified requirements, (4) impair the Company’s right to reject nonconforming or defective Work, (5) constitute a waiver by the Company of any rights under the Agreement, or (6) relieve the Contractor of any of its obligations under the Agreement, notwithstanding the Company’s opportunity to inspect the Work, the Company’s knowledge of the nonconformance or defect, or the Company’s failure to earlier reject the Work. 34.10 The Company shall have the right to inspect all materials, supplies, and equipment related to the Work and make or cause to be made all tests required by the Agreement. The making of such inspections and tests by the Company shall not relieve the Contractor of its responsibility for inspection and testing. 34.11 If the Company determines that any Work has not satisfactorily passed any test or inspection or does not meet the requirements of the Agreement or that the Contractor has not conducted or has improperly conducted any required test or inspection, the Company shall have the right, in addition to any other rights set forth in the Agreement, to (1) reject the Work and (2) stop the Work in accordance with Section 14.1. 34.12 The Company reserves the right to inspect all Work prior to shipment. The Contractor shall notify the Company in writing of all shipments not less than ten Days prior to the date of shipment. 34.13 The Contractor shall maintain a formal quality assurance program throughout the duration of the Work. The quality assurance program shall provide continual inspection of construction operations and shall include coordination of the various trades involved in the Work. 34.14 The Company shall have the right at any time during the term of the Agreement to review the Contractor’s quality assurance program and to have the Contractor’s Work tested and inspected by a third party. If such Work is found to be in accordance with the Agreement, the Company shall pay the cost of re-examination and replacement. If such Work is not in accordance with the Agreement, the Contractor shall pay such cost. 34.15 The Company shall have the right at any time during the term of the to require the Contractor to remove and/or correct any Work at the Contractor’s expense that is not performed in compliance with the Contractor’s quality assurance program. 34.16 The Contractor shall retain all quality assurance documents, including but not limited to nondestructive examination records and testing records for the term of the Agreement. Upon termination, cancellation, expiration or as may be otherwise required by the Agreement, or sooner if requested by the Company, the Contractor shall submit copies of all such documents to the Company. 34.17 The Contractor shall designate a quality control representative who shall be responsible for the administration and performance of the quality control program. This person shall be authorized to stop the Work or any portion thereof without fear of retribution.