Subpart 46.3
Contract Clauses
FAR Subpart 46.3 ensures the right quality assurance clauses are included in contracts, making compliance with inspection and acceptance requirements clear for both contractors and contracting officers.
Overview
- FAR Subpart 46.3, "Contract Clauses," outlines the mandatory and optional contract clauses related to quality assurance that must be included in various types of government contracts. This subpart provides guidance on which clauses to use based on contract type (e.g., fixed-price, cost-reimbursement, service, construction, R&D, transportation) and specific quality requirements. It ensures that both contractors and contracting officers understand their obligations regarding inspection, acceptance, reporting, and certification of supplies and services.
Key Rules
- Clause Selection by Contract Type
- Specific clauses are prescribed for different contract types, such as fixed-price, cost-reimbursement, service, construction, and research & development contracts, to address unique quality assurance needs.
- Inspection and Acceptance
- Clauses address contractor inspection requirements, government rights to inspect and accept supplies/services, and procedures for handling nonconforming items.
- Special Requirements
- Additional clauses may be required for higher-level quality standards, certificates of conformance, and reporting of nonconforming items.
Responsibilities
- Contracting Officers: Must select and include the appropriate quality assurance clauses in solicitations and contracts based on contract type and risk.
- Contractors: Must comply with the inspection, reporting, and certification requirements specified in the contract clauses.
- Agencies: Oversee compliance with quality assurance requirements and ensure proper clause usage.
Practical Implications
- This subpart ensures that contracts include the right quality assurance provisions, reducing risk of defective or nonconforming supplies/services.
- Contractors must be aware of which clauses apply to their contract and understand the associated compliance obligations.
- Failure to include or comply with required clauses can result in contract disputes, rework, or termination.