Subpart 46.5
Acceptance
FAR Subpart 46.5 establishes the rules and responsibilities for the acceptance of supplies and services, ensuring only conforming deliverables are accepted and clarifying when title and risk transfer to the government.
Overview
FAR Subpart 46.5 covers the requirements and procedures for the acceptance of supplies and services in government contracts. It establishes who is responsible for acceptance, where acceptance should occur, the use of certificates of conformance, and the implications for transfer of title and risk of loss. The subpart ensures that only supplies and services that meet contract requirements are accepted, and clarifies the documentation and legal consequences of acceptance.
Key Rules
- General (46.501)
- Acceptance is the act of an authorized government representative determining that supplies or services conform to contract requirements.
- Responsibility for Acceptance (46.502)
- The contracting agency is responsible for acceptance, typically performed by a contracting officer or designated representative.
- Place of Acceptance (46.503)
- The contract specifies where acceptance occurs, which can impact transfer of title and risk.
- Certificate of Conformance (46.504)
- In certain cases, a certificate of conformance may be used instead of detailed inspection, certifying that supplies or services meet contract requirements.
- Transfer of Title and Risk of Loss (46.505)
- Acceptance may affect when title and risk of loss transfer from contractor to government, as specified in the contract.
Responsibilities
- Contracting Officers: Ensure proper acceptance procedures are followed, designate authorized representatives, and document acceptance.
- Contractors: Deliver supplies/services that meet contract requirements, provide certificates of conformance when required, and understand when title and risk transfer.
- Agencies: Oversee acceptance processes and ensure compliance with FAR requirements.
Practical Implications
- This subpart ensures that only conforming supplies/services are accepted, protecting government interests.
- Contractors must be diligent in meeting contract specifications and understanding acceptance procedures.
- Misunderstandings about acceptance, title, or risk of loss can lead to disputes or financial liability.