46.316
Responsibility for supplies
FAR 46.316 mandates the inclusion of the Responsibility for Supplies clause in fixed-price contracts for supplies, services involving supplies, or R&D over the simplified acquisition threshold, ensuring clear accountability for delivered items.
Overview
FAR 46.316 requires contracting officers to include the clause at 52.246-16, Responsibility for Supplies, in solicitations and contracts for supplies, services involving the furnishing of supplies, or research and development when a fixed-price contract is anticipated and the contract value exceeds the simplified acquisition threshold. The clause may also be included for contracts below the threshold if agency procedures allow. This ensures clear assignment of responsibility for the condition and delivery of supplies under the contract, promoting accountability and quality assurance.
Key Rules
- Mandatory Clause Inclusion for Large Fixed-Price Contracts
- The clause at 52.246-16 must be included in fixed-price contracts for supplies, related services, or R&D exceeding the simplified acquisition threshold.
- Discretionary Clause Inclusion for Smaller Contracts
- The clause may be included in contracts below the threshold if agency procedures permit.
Responsibilities
- Contracting Officers: Must ensure the appropriate clause is included in applicable solicitations and contracts.
- Contractors: Must comply with the requirements of the 52.246-16 clause when it is included in their contract.
- Agencies: May establish procedures for including the clause in contracts below the threshold.
Practical Implications
- This section ensures that responsibility for the quality and delivery of supplies is clearly defined in contracts, reducing disputes and ensuring government interests are protected.
- Contractors should be aware that inclusion of this clause imposes specific obligations regarding the condition and delivery of supplies.
- Failure to include the clause when required can result in compliance issues or contract disputes.