FAR Part 46: Inspection, Acceptance, Warranties

FAR Part 46, Quality Assurance, is the part of the Federal Acquisition Regulation that governs how the Government makes sure the supplies and services it buys under contract match what the contract says: inspection, acceptance, warranties and liability for damage to Government property. It applies to federal procurement contracts, not to grants. This guide maps Part 46 for research institutions and sponsored-programs staff, with attention to the research and development clauses. Everything below is as described on acquisition.gov on 2026-10-29.

What FAR Part 46 is and who runs it

Section 46.000 states the scope: the part “prescribes policies and procedures to ensure that supplies and services acquired under Government contract conform to the contract’s quality and quantity requirements,” including inspection, acceptance, warranty and related measures. The Federal Acquisition Regulation is the common rulebook for executive-agency contracting; the official text of the part is published on acquisition.gov (the current FAR page shows FAC 2026-01, effective 03/13/2026).

Part 46 is policy and procedure. The contract clauses that carry the obligations sit in Part 52 (the 52.246 series), and Part 46 tells the contracting officer which clause to insert. Agencies may add their own supplements, so a contract can contain requirements beyond the FAR text.

Part 46 has eight working subparts:

46.1 General: definitions, policy, and the responsibilities of the contracting office, the contract administration office and the contractor.
46.2 Contract Quality Requirements: the types of quality requirement a contract can carry.
46.3 Contract Clauses: which inspection clause goes into which contract type.
46.4 Government Contract Quality Assurance: when, where and how the Government verifies conformance.
46.5 Acceptance: who accepts, where, and when title passes.
46.6 Material Inspection and Receiving Reports: the documentation of inspection and acceptance.
46.7 Warranties: when and how warranties are used.
46.8 Contractor Liability for Loss of or Damage to Property of the Government: limits on liability after acceptance.

Section 46.105 puts four duties on the contractor: control the quality of what it delivers, tender only conforming supplies or services, make sure its own vendors have an acceptable quality control system, and keep evidence of conformance when the contract requires it.

When Part 46 applies to a research institution

The FAR applies to contracts, so Part 46 reaches a university or research institute only where it holds a federal procurement contract, or where a prime contract flows these clauses down. Financial assistance awards are governed by a different regulation: see federal procurement for research institutions and 2 CFR 200 procurement standards for how a grantee’s own purchasing is handled. For the cost side of FAR contracts, see FAR Part 31 vs 2 CFR 200.

Three features of the part matter most to research buyers and performers:

Commercial products. Under 46.202-1 the Government relies on the contractor’s existing quality assurance system instead of its own inspection and testing before tender, unless customary market practice for that product includes in-process inspection. Standard catalogue purchases fall here. See FAR Part 12 for what counts as a commercial product or service.
Low-value buys. For contracts at or below the simplified acquisition threshold, 46.202-2 says the Government relies on the contractor’s inspection and testing unless the contracting officer decides the Government needs to test in advance or to judge the contractor’s internal processes. Under 46.404, inspection at that level is ordinarily at destination and only for type and kind, quantity, damage, operability (if readily determinable) and preservation, packaging, packing and marking, unless a special situation exists.
Research and development. Section 46.307 to 46.309 prescribe a separate set of inspection clauses (see below).

What Part 46 funds or requires

Part 46 does not fund anything. It requires that the contract contain the quality terms the Government needs. Under 46.102, agencies must ensure contracts include inspection and other quality requirements, including warranty clauses when appropriate; that supplies or services tendered meet the contract; that Government quality assurance happens before acceptance (with exceptions in the part); that no contract precludes Government inspection; and that nonconforming supplies or services are rejected except as 46.407 allows.

Four kinds of contract quality requirement

Section 46.202 groups contract quality requirements into four categories: commercial products and services (46.202-1), Government reliance on inspection by the contractor (46.202-2), standard inspection requirements (46.202-3), and higher-level contract quality requirements (46.202-4). Higher-level standards are for complex or critical items, or where the contract calls for control of design, work operations, in-process controls, testing and inspection. The clause at 52.246-11 carries a higher-level requirement, with the standard’s title, number, date and any tailoring filled in by the contracting officer (46.311).

Which inspection clause goes in which contract

FAR section	Contract type	Clause prescribed
46.303	Cost-reimbursement supply	52.246-3, Inspection of Supplies-Cost-Reimbursement
46.304	Fixed-price service (above the simplified acquisition threshold; optional at or below it)	52.246-4, Inspection of Services-Fixed-Price
46.307	Fixed-price research and development whose main objective is delivery of end items other than designs, drawings or reports, above the simplified acquisition threshold	52.246-7, Inspection of Research and Development-Fixed-Price
46.308	Cost-reimbursement research and development with the same end-item objective	52.246-8, Inspection of Research and Development-Cost-Reimbursement (Alternate I if no fee)
46.309	Research and development where the 46.307 or 46.308 clause is impractical	52.246-9, Inspection of Research and Development (Short Form)
46.311	Higher-level quality requirement necessary	52.246-11, Higher-Level Contract Quality Requirement

The split in the research rows is the part most often misread: 52.246-7 and 52.246-8 are tied to contracts whose main objective is delivery of end items other than designs, drawings or reports. The short form at 52.246-9 is the alternative when the longer clause is impractical.

From inspection to acceptance: the steps

Part 46 treats inspection, acceptance and warranty as separate events held by different parties. The usual sequence is:

Quality requirements are written into the contract. The contracting officer inserts the clause prescribed in Subpart 46.3. Under 46.401, quality assurance surveillance plans should be prepared along with the statement of work, specifying the work needing surveillance and the method.
The contractor controls quality and tenders the work. The contractor tenders only conforming supplies or services (46.105).
The Government verifies conformance. Section 46.401 says quality assurance is performed at the times and places needed to determine conformance, including any stage of manufacture or performance and subcontractors’ plants. Each contract designates where the Government reserves the right to do this. Inspection is performed by or under the direction of Government personnel and is documented on an inspection or receiving report form or commercial shipping document or packing list (Subpart 46.6).
The contracting officer accepts or rejects. Under 46.502 acceptance is the contracting officer’s responsibility; when it is assigned to a contract administration office or another agency, that acceptance binds the Government. Each contract specifies the place of acceptance (46.503). Title passes on formal acceptance unless the contract provides for earlier passage (46.505).
Warranty rights take over after acceptance. See the warranty section below. The goods-receipt side of this sequence is covered in goods receipt notes.

Certificate of conformance

Under 46.504 a contracting officer may accept on a contractor’s certificate of conformance instead of source inspection if acceptance on that basis is in the Government’s interest and either small losses would result from a defect, or the contractor’s reputation or past performance makes it likely the work will be acceptable and any defect corrected without contest. The Government’s right to inspect under the contract’s inspection provisions is not prejudiced.

Nonconforming supplies or services

Section 46.407 says the contracting officer should reject supplies or services that do not conform in all respects. The contracting officer ordinarily must give the contractor a chance to correct or replace when that can be done within the delivery schedule, and unless the contract says otherwise (as may happen in some cost-reimbursement contracts) correction or replacement is at no added cost to the Government. Where the nonconformance is critical or major, or the work is incomplete, the contracting officer ordinarily must reject, but may accept or conditionally accept for reasons such as economy or urgency after considering the technical activity’s advice that the item is safe to use and will perform its purpose, the nature and extent of the nonconformance, and a request from the contractor.

Typical phases

This is the order of phases in a contract, not a calendar; durations are set by each contract.

Solicitation and award, with quality clauses and any surveillance plan.
Performance and contractor quality control.
Tender and Government inspection at the place named in the contract.
Acceptance or rejection by the contracting officer; correction or replacement where allowed.
Post-acceptance: warranty period, if any, and the limitation-of-liability provisions in Subpart 46.8.

Warranties and liability after acceptance

Under 46.702 a warranty delineates the rights and obligations of the contractor and the Government for defective items and services and fosters quality performance. Section 46.705 sets limits that matter in practice:

Except for the warranties inside 52.246-3 and 52.246-8, warranties are not included in cost-reimbursement contracts unless authorized under agency regulations (46.705(a)).
A warranty clause may not limit the Government’s rights under an inspection clause for latent defects, fraud, or gross mistakes that amount to fraud (46.705(b)).
Except in construction contracts, a warranty clause must say it applies despite inspection and acceptance (46.705(c)).

Subpart 46.8 limits contractor liability for loss of or damage to Government property that occurs after acceptance and results from defects or deficiencies in what was delivered. Under 46.801 it does not apply to commercial products and commercial services, and it excludes contracts for information technology, construction, architect-engineer services, and maintenance and rehabilitation of real property.

Common mistakes

Treating acceptance and warranty as the same event. Acceptance is the contracting officer’s act (46.502); a warranty applies despite acceptance (46.705(c)), and does not cut off rights for latent defects or fraud (46.705(b)).
Assuming every research contract uses the same clause. The research clauses are tied to contract type and to what the contract delivers (46.307 to 46.309).
Expecting heavy Government inspection of catalogue purchases. For commercial products and for low-value buys, the default is reliance on the contractor’s own quality system (46.202-1, 46.202-2).
Applying Part 46 to a grant. It is a contract regulation; a grantee’s purchasing follows the Uniform Guidance.
Using an old FAR citation without checking the version in your solicitation. See the status note below.

Related FAR parts and rules

Topic	Where it sits relative to Part 46	CASRAI guide
FAR Part 12, commercial products and services	Defines the commercial category that triggers 46.202-1 reliance on the contractor’s quality system	FAR Part 12
FAR Part 15, contracting by negotiation	The solicitation and award stage where the Part 46 clauses are chosen	FAR Part 15
FAR 31.205, selected costs	Cost allowability on contracts, separate from quality assurance	FAR 31.205
2 CFR 200 procurement standards	Governs purchases made by grant recipients	2 CFR 200 procurement

Status of the text

The current FAR Part 46 on acquisition.gov shows FAC 2026-01, effective 03/13/2026. A separate Revolutionary FAR Overhaul deviation guide page for Part 46, last updated 10/26/2026, lists the same Subparts 46.1 to 46.8 but shows section 46.105 as reserved. The Overhaul page says deviations will include clauses and provisions currently required by statute and Executive Order. Check which version your solicitation or agency deviation incorporates.

FAQ

What is FAR Part 46?

It is the Federal Acquisition Regulation part on quality assurance in government contracts: contract quality requirements, inspection clauses, Government quality assurance, acceptance, inspection and receiving reports, warranties and contractor liability for Government property.

Does FAR Part 46 apply to grants?

No. The FAR applies to procurement contracts. Grants and cooperative agreements follow 2 CFR 200, so Part 46 matters to a research institution only under a federal contract or through flow-down from one.

Who accepts the work under Part 46?

The contracting officer. Section 46.502 says acceptance is the contracting officer’s responsibility, and acceptance by a contract administration office or another agency to which it is assigned binds the Government.

What is a certificate of conformance?

A document allowing acceptance on the contractor’s certification instead of source inspection, at the contracting officer’s discretion and only on the conditions in 46.504.

Do warranties replace Government inspection rights?

No. Under 46.705(b) a warranty clause cannot limit the Government’s inspection-clause rights for latent defects, fraud, or gross mistakes amounting to fraud.