As prescribed in 46.202-3(92) insert the following clause:
ALTERNATIVE INSPECTION REQUIREMENTS FOR SELECTED ITEMS
(APR 2008 SUBSISTENCE) - DLAD
(a) Optional Contractor Testing of Contractor-Furnished Materials.
To expedite shipment, the Contractor has the option to perform, or have performed by an independent laboratory, contractually-required tests of end items or component material not specified by the U.S. Standards of Grade. The inspector for the Government agency having jurisdiction over ascertaining compliance may permit shipment, provided all other requirements of the contract are met. The designated Government inspector will select random samples of each lot of end items or component material for verification testing until the Contractor’s testing system is determined reliable in accordance with paragraph (c) of this clause. It is the intent of the Government to rely on Contractor test results to the maximum extent practicable and minimize Government verification testing.
(b) Compliance of Product.
Acceptance of material as complying with required characteristics shall be based on the Contractor’s test results; provided that Government verification indicates the Contractor’s testing system is reliable, in accordance with paragraph (c) of this clause, as to each of the required characteristics. If the Contractor’s test system is determined to be unreliable, product compliance will be determined based solely on Government test results. In the event the Government detects any irregularities in the Contractor’s testing system, the designated Government inspector may withhold approval until Government test results indicate products conform to contract requirements. (For Meal, Ready-to-Eat (MRE) items, if Government laboratory test results show that product is nonconforming, the product shall be withheld from final assembly and subject to return and replacement by the component Contractor, even if previously approved by the Government inspector.)
(c) Reliability Conditions.
(1) To be considered reliable, the Contractor’s testing system shall produce results comparable to the Government test results; unless the Government agency having jurisdiction has inspected the item produced at the Contractor’s plant within the previous 120 days. Unless otherwise specified in this contract, the Government inspector will select samples randomly from the first three lots of end items presented for inspection and will conduct verification testing on a skip-lot basis. Skip-lot verification is done by random selection of samples from not less than one lot in six consecutive lots presented for inspection. The sampling procedure under skip-lot places the succeeding lots not chosen for inspection back into the universe available for subsequent inspection. (For instance, starting with a group of six lots (i.e., 1-6), one lot is randomly selected for inspection. If lot 4 is selected, the next samples will be selected from lots 5, 6, 7, 8, 9, or 10. If lot 8 is selected, the next samples will be selected from lots 9, 10, 11, 12, 13, or 14; and so on.)
(2) Contractor’s testing system shall be considered unreliable when (i) the Government verification results indicate product nonconformance to contract requirements; and (ii) a significant disparity exists between Government laboratory results and Contractor test results. When a Contractor’s testing system is determined to be unreliable, compliance testing will revert to the Government, and all items shall be inspected by the Government prior to shipment.
(3) Contractor’s testing system will be considered doubtful when (i) a significant disparity exists between Government laboratory results and Contractor test results; (ii) the Government test results indicate significantly poorer quality than the Contractor’s; and (iii) the Government laboratory test results do not indicate product nonconformance to a statistically significant degree. When the Contractor’s testing system is considered doubtful, verification testing will be performed on each lot produced; however, the Government will continue to permit the Contractor to ship based on its own test results.
(4) Contractor testing system reliability will be determined by applying recognized statistical tests to the Contractor’s and Government’s test results. These determinations shall be accomplished by the Defense Supply Center Philadelphia, Directorate of Subsistence, Product Services Office, 700 Robbins Avenue, Philadelphia, PA 19111-5092.
(5) The Contracting Officer will notify the Contractor of any change in reliability status. Notification will include details of the statistical determinations and test results used in reliability studies. Telephonic notification and copies of these determinations will be provided to the Government by DSCP-FTRE.
(d) Procedures.
When the Contractor elects to perform testing, the following shall apply:
(1) Reporting of Contractor’s Results. Test reports for each lot of end item and components shall be submitted in the format contained in this clause by the Contractor in an original and one copy to the designated Government inspector. The inspector will forward one completed copy to DSCP-FTRE.
(2) Verification Actions. The Government will perform verification testing for food items and component material required by the contract to assure that the Contractor’s testing results are reliable. Verification samples will be accompanied by a DD Form 1222, Request for and Results of Tests. The Government laboratory that performs the tests will provide copies of the test results to the Government inspector and to DSCP-FTRE. The Government laboratory will telephone the results to DSCP-HS (215-737-4259) when testing identifies nonconformance. The Government reserves the right to (i) increase the rate or amount of verification testing up to and including full lot-by-lot testing, in the event the Contractor does not furnish reliable test results or certificates; or (ii) obtain additional data when significant disparities exist between the Contractor’s results and the results of the Government laboratory testing. When any element of the Contractor testing system is determined unreliable, the Government may consider the testing system as a whole unreliable and return to full lot-by-lot verification for every test. Testing by the Government will continue until such time as the Contractor’s reliability is again established.
(3) Standby Test Samples. The Government reserves the right to withdraw and hold standby test samples of component or finished product or both (the quantity of which shall be the next larger available sample size required for unit testing and the same sample size required for composite testing) for inspection purposes. Unused samples will be returned to the Contractor.
(e) Charges Applicable to Unreliable Test Status.
The prime Contractor shall be charged the costs of lot-by-lot inspection during the period that its testing system is considered unreliable. These charges will be processed and approved by the Contracting Officer.
(f) Format for Contractor/Subcontractor Test Report.
Name & Address of Contractor:
Name & Address of Subcontractor: (if applicable)
Received for Testing: (date)
Contract Number:
Sample Tested: (end item or component, indicate by name)
Quantity Tested:
Applicable Specification:
Identification of Lot: (end item or component lot number, as applicable)
Quantity in Lot: (units)
Testing Completed: (date)
Test Report
(Report test results for each sample unit tested and the sample average, if required by the specification, and identify results obtained from composite samples.)
(Typed name and title of laboratory official and signature)
The following certification shall be affixed to the test report when testing was performed on component items by supplier’s laboratory or by subcontractor’s laboratory.
Certification
I certify that the above test results were furnished to this firm to cover the testing of samples which are representative of the lot, and to the best of my knowledge and belief, have been found to comply with the analytical requirements of the specification, contract no. _______________
Signature:____________________________________________________________________
(typed name and title of Contractor’s representative who is authorized to sign the certificate, and the date)
The following certification shall be affixed to the test report when testing was performed on component and/or end item by Contractor’s laboratory or an independent laboratory.
Certification
I certify that the item presented for acceptance under terms of above referenced contract has been tested, as required by the contract, through the testing of samples that were representative of the lot, and to the best of my knowledge and belief, were found to comply with the analytical requirements of the specification and the contract.
Signature: ___________________________________________________________________
(typed name and title of Contractor’s representative who is authorized to sign the certificate, and the date)
Distribution:
(Original and one (1) copy to Government inspector, who will forward one (1) copy to DSCP-FTRE; and hard copy with each shipment, when DD Form 250 (MIRR) reports are not provided.)
(End of Clause)
