Common use of Quality Assurance and Quality Control Clause in Contracts

Quality Assurance and Quality Control. 3.3.1 Promptly after the Effective Date, the Contractor shall provide quality assurance and quality control systems and quality plans for approval by the Corporation. Such systems and plans shall be in accordance with good industry practice and Field quality plans given in Schedule-II (Appendix-IV- technical specification). 3.3.2 The Contractor shall ensure, and shall procure that its sub-contractors ensure, that the Work is carried out in accordance with the quality assurance and quality control systems and quality plans approved in writing by the Corporation and any other quality assurance and quality control systems and quality plans provided to the Contractor by the Corporation. 3.3.3 All works under or in course of execution or executed in pursuance of the contract, shall at all times be open and accessible to the inspection and supervision of the Corporation and/or his authorized officers- in- charge of the work and all the superior officers, officer of the Quality Assurance Unit of the Department or any organization engaged by the Department for Quality Assurance and of the Chief Technical Examiner’s Office and the contractor shall, at all times, during the usual working hours and at all other times at which reasonable notice of the visit of such officers has been given to the contractor, either himself be present to receive orders and instructions or have a responsible agent, duly accredited in writing, present for that purpose. Orders given to the Contractor’s agent shall be considered to have the same force as if they had been given to the contractor himself. 3.3.4 If it shall appear to the Corporation or his authorized subordinates , Chief Engineer and or Other Engineers in his Office of Quality Assurance or his subordinate officers or the officers of the organization engaged by the Department for Quality Assurance or to the Chief Technical Examiner or his subordinate officers, that any work has been executed with unsound, imperfect or unskillful workmanship or with materials or articles provided by him for the execution of the work which are unsound or of a quality inferior to that contracted or otherwise not in accordance with the contract, the Contractor shall, on demand in writing which shall be made within six months (three months in the case of work costing Rs. 10 Lac and below except roadwork) of the completion of the work from the Corporation specifying the work, materials or articles complained of notwithstanding that the same may have been passed, certified and paid for forthwith rectify, or remove and reconstruct the work so specified in whole or in part, as the case may require or as the case may be, remove the materials or articles so specified and provide other proper and suitable materials or articles at his own charge and cost. In the event of the failing to do so within a period specified by the Corporation in his demand aforesaid, then the contractor shall be liable to pay compensation at the same rate as under Clause 10 of the contract (for non-completion of the work in time) for this default. In such case, the Corporation may not accept the item of work at the rates applicable under the contract, but may accept such items at reduced rates as the authority specified in Appendix 7 may consider reasonable during the preparation of on account bills or final bill, if the item is so acceptable without detriment to the safety and utility of the item and the structure or he may reject the work outright without any payment and/or get it and other connected and incidental items rectified, or removed and re- executed at the risk & cost of the contractor. Decision of the Corporation to be conveyed in writing in respect of all of the above shall be final and binding on the Contractor and shall be excepted matter(s).

Quality Assurance and Quality Control. 3.3.1 Promptly after the Effective Date, the Contractor shall provide quality assurance and quality control systems and quality plans for approval by the Corporation. Such systems and plans shall be in accordance with good industry practice and Field quality plans given in Schedule-II (Appendix-IV- technical specification). 3.3.2 The Contractor shall ensure, and shall procure that its sub-contractors ensure, that the Work is carried out in accordance with the quality assurance and quality control systems and quality plans approved in writing by the Corporation and any other quality assurance and quality control systems and quality plans provided to the Contractor by the Corporation. 3.3.3 All works under or in course of execution or executed in pursuance of the contract, shall at all times be open and accessible to the inspection and supervision of the Corporation and/or his authorized officers- in- charge of the work and all the superior officers, officer of the Quality Assurance Unit of the Department or any organization engaged by the Department for Quality Assurance and of the Chief Technical Examiner’s Examiner‟s Office and the contractor shall, at all times, during the usual working hours and at all other times at which reasonable notice of the visit of such officers has been given to the contractor, either himself be present to receive orders and instructions or have a responsible agent, duly accredited in writing, present for that purpose. Orders given to the Contractor’s Contractor‟s agent shall be considered to have the same force as if they had been given to the contractor himself. 3.3.4 If it shall appear to the Corporation or his authorized subordinates , Chief Engineer and or Other Engineers in his Office of Quality Assurance or his subordinate officers or the officers of the organization engaged by the Department for Quality Assurance or to the Chief Technical Examiner or his subordinate officers, that any work has been executed with unsound, imperfect or unskillful workmanship or with materials or articles provided by him for the execution of the work which are unsound or of a quality inferior to that contracted or otherwise not in accordance with the contract, the Contractor shall, on demand in writing which shall be made within six months (three months in the case of work costing Rs. 10 Lac and below except roadwork) of the completion of the work from the Corporation specifying the work, materials or articles complained of notwithstanding that the same may have been passed, certified and paid for forthwith rectify, or remove and reconstruct the work so specified in whole or in part, as the case may require or as the case may be, remove the materials or articles so specified and provide other proper and suitable materials or articles at his own charge and cost. In the event of the failing to do so within a period specified by the Corporation in his demand aforesaid, then the contractor shall be liable to pay compensation at the same rate as under Clause 10 of the contract (for non-completion of the work in time) for this default. In such case, the Corporation may not accept the item of work at the rates applicable under the contract, but may accept such items at reduced rates as the authority specified in Appendix 7 may consider reasonable during the preparation of on account bills or final bill, if the item is so acceptable without detriment to the safety and utility of the item and the structure or he may reject the work outright without any payment and/or get it and other connected and incidental items rectified, or removed and re- executed at the risk & cost of the contractor. Decision of the Corporation to be conveyed in writing in respect of all of the above shall be final and binding on the Contractor and shall be excepted matter(s).