If a contractor delivers a non-conforming item or service, who may accept the deliverable?

In the context of contract management, the acceptance of deliverables that do not conform to the contractual specifications is a critical function of the Contracting Officer. The Contracting Officer is the individual who has the authority to act on behalf of the government in contract-related matters, which includes the power to accept or reject deliverables.

When a contractor delivers a non-conforming item or service, it is the Contracting Officer who makes the final determination of whether the non-conformance can be accepted. This acceptance may come with conditions, such as a requirement for corrective action or adjustments to pricing. This ensures that the government’s interests are protected and that the overall integrity of the contract is maintained.

In contrast, while the Contracting Officer's Representative (COR) typically monitors the contractor's performance and ensures compliance with the contract terms, their authority does not extend to accepting or rejecting non-conforming items. Similarly, until the Contracting Officer makes a final decision, the project manager and the contractor's supervisor do not hold the formal authority to accept deliverables that deviate from the contract specifications.

This authoritative structure ensures that all contract decisions are made with oversight and compliance with procurement regulations, safeguarding the interests of the government organization represented by the Contracting Officer.