46.102 Policy
Source: FAR 46.102 on acquisition.gov
FAR 46.102 requires agencies to ensure contracts include appropriate quality and inspection requirements, and that only conforming supplies or services are accepted by the Government.
Overview
FAR 46.102 establishes the core policy for government contract quality assurance. It requires agencies to include appropriate inspection, quality, and warranty requirements in contracts to protect the Government’s interests. The section mandates that supplies and services provided by contractors must meet contract requirements, and that government quality assurance is performed before acceptance, unless otherwise specified. It also ensures that contracts do not prevent the Government from inspecting deliverables, requires rejection of nonconforming supplies or services (with limited exceptions), and emphasizes reliance on contractors’ existing quality systems for commercial products unless market practices dictate otherwise. Agencies are encouraged to use the quality assurance and acceptance services of other agencies when it is efficient or beneficial to the Government.
Key Rules
- Contract Quality Requirements
- Contracts must include necessary inspection, quality, and warranty clauses to protect the Government.
- Conformance to Requirements
- Supplies and services must meet all contract requirements before acceptance.
- Government Inspection
- Government personnel must conduct quality assurance before acceptance, unless otherwise provided.
- Right to Inspect
- No contract can prevent the Government from inspecting deliverables.
- Rejection of Nonconforming Items
- Nonconforming supplies or services must be rejected unless exceptions apply.
- Commercial Product Quality Systems
- For commercial products, rely on the contractor’s quality system unless market practices allow in-process inspection.
- Use of Other Agencies’ Services
- Agencies should use other agencies’ quality assurance services when effective or economical.
Responsibilities
- Contracting Officers: Ensure contracts include appropriate quality and inspection requirements, enforce rejection of nonconforming items, and coordinate use of other agencies’ services when beneficial.
- Contractors: Deliver supplies/services that meet contract requirements and maintain quality systems for commercial products.
- Agencies: Oversee quality assurance, perform inspections, and leverage interagency resources when appropriate.
Practical Implications
This section ensures the Government receives supplies and services that meet contractual standards, protects against acceptance of substandard goods, and streamlines quality assurance by leveraging existing contractor systems and interagency cooperation. Contractors must be diligent in meeting requirements and maintaining quality systems, especially for commercial products. Common pitfalls include inadequate contract clauses, failure to reject nonconforming items, or misunderstanding the Government’s inspection rights.
Agencies shall ensure that-
(a) Contracts include inspection and other quality requirements, including warranty clauses when appropriate, that are determined necessary to protect the Government’s interest;
(b) Supplies or services (including commercial services) tendered by contractors meet contract requirements;
(c) Government contract quality assurance is conducted before acceptance (except as otherwise provided in this part), by or under the direction of Government personnel;
(d) No contract precludes the Government from performing inspection;
(e) Nonconforming supplies or services are rejected, except as otherwise provided in 46.407;
(f) Contracts for commercial products rely on a contractor’s existing quality assurance system as a substitute for compliance with Government inspection and testing before tender for acceptance unless customary market practices for the commercial product being acquired permit in-process inspection (http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3307&num=0&edition=prelim" target="_blank">41 U.S.C. 3307). Any in-process inspection by the Government shall be conducted in a manner consistent with commercial practice; and
(g) The quality assurance and acceptance services of other agencies are used when this will be effective, economical, or otherwise in the Government’s interest (see 42.002 and subpart 42.2.