FAR Part 46: Quality Assurance

In plain English

FAR Part 46 establishes policies and procedures to ensure that supplies and services acquired by the Government conform to contract quality and quantity requirements. It covers inspection, acceptance, warranty, and other quality assurance measures, and assigns responsibilities to contracting offices, contract administration offices, and contractors. For small businesses, understanding these requirements is crucial for bidding and performing contracts successfully.

Key rules

• Contracts must include necessary inspection and quality requirements, including warranty clauses when appropriate, to protect the Government's interest. (46.102)
• The contractor is responsible for controlling quality, tendering only conforming supplies or services, and ensuring subcontractor compliance. (46.105)
• For commercial products and services, the Government relies on the contractor's existing quality assurance system unless customary market practices include in-process inspection. (46.202-1)
• For acquisitions at or below the simplified acquisition threshold, the Government relies on the contractor to perform all inspection and testing to ensure conformance before tender. (46.202-2)
• The contracting officer must insert specific inspection clauses in contracts based on contract type and value, such as for fixed-price supply, cost-reimbursement, service, and construction contracts. (46.302, 46.303, 46.304, 46.305)
• Government quality assurance may be performed at source or destination, depending on factors like economy and potential losses. (46.402, 46.403)
• Acceptance is the contracting officer's responsibility and constitutes acknowledgment that supplies or services conform to contract requirements, except as otherwise provided. (46.501, 46.502)
• Warranties are not mandatory but may be used when appropriate, and the contracting officer must consider factors like complexity and criticality. (46.703)

Who does what

In practice

• When bidding, review the quality requirements and inspection clauses to understand your obligations and cost implications.
• During performance, maintain a quality control system that ensures supplies or services conform to contract requirements before tendering for acceptance.
• Be aware that for commercial products and services, the Government may rely on your existing quality assurance system, reducing Government inspection.
• If a warranty is included, ensure you understand its terms and conditions, as it may affect pricing and risk.

Common pitfalls

• Assuming that all contracts require Government inspection at source; for many acquisitions, especially commercial and below the simplified acquisition threshold, the Government relies on contractor inspection.
• Failing to include required inspection clauses in contracts, which can lead to disputes and nonconformance.
• Not clearly defining warranty terms, leading to ambiguity and potential enforcement issues.
• Overlooking the need for higher-level quality requirements when the item is complex or critical, which could result in nonconforming supplies or services.

Written by AI from this part's codified text (2026-10-04); cited sections are checked against the part. A guide, not legal advice: the regulation text, the solicitation and your contract rule.