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FAR and DFARS › DFARS Part 246: Quality Assurance › Subpart 246.4

DFARS 246.407 Nonconforming supplies or services.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section tells the contracting officer what to do when nonconforming supplies or services are found after acceptance, the defect appears to be the contractor's fault, any warranty has expired, and no other contractual remedies exist. The contracting officer must notify the contractor in writing and ask the contractor to fix or replace the item or redo the service at no cost to the Government, and may accept consideration if offered. It also sets a special approval rule for accepting nonconforming aviation or ship critical safety items.

Applies to: Contracting officers handling nonconforming supplies or services discovered after acceptance, including aviation or ship critical safety items

What it requires

  • Notify the contractor in writing of the nonconforming material or service
  • Request that the contractor repair or replace the material, or perform the service, at no cost to the Government

Key terms: nonconforming supplies or services · acceptance · warranty · consideration · design control activity

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(f) If nonconforming material or services are discovered after acceptance, the defect appears to be the fault of the contractor, any warranty has expired, and there are no other contractual remedies, the contracting officer—

(i) Shall notify the contractor in writing of the nonconforming material or service;

(ii) Shall request that the contractor repair or replace the material, or perform the service, at no cost to the Government; and

(iii) May accept consideration if offered. For guidance on solicitation of a refund, see subpart 242.71.

(S-70) The head of the design control activity is the approval authority for acceptance of any nonconforming aviation or ship critical safety items or nonconforming modification, repair, or overhaul of such items (see 209.270). Authority for acceptance of minor nonconformances in aviation or ship critical safety items may be delegated as determined appropriate by the design control activity. See additional information at PGI 246.407.

Sections it refers to

  • 209.270 Aviation and ship critical safety items.

Sections that refer to it

← 246.406 Foreign governments. · 246.408 Single-agency assignments of Government contract quality assurance. →

Rule changes for DFARS Part 246

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 246.407 Nonconforming supplies or services · SpendQuery