FAR 46.102—Policy.
Plain-English Summary
FAR 46.102 states the Government’s basic policy for contract quality assurance, inspection, acceptance, and rejection of supplies and services. It covers what must be included in contracts to protect the Government’s interest, the requirement that delivered supplies and services meet contract requirements, the rule that Government quality assurance generally occurs before acceptance and is performed by or under Government direction, and the principle that contracts may not bar Government inspection. It also addresses rejection of nonconforming items, the special treatment of commercial products and commercial services, including reliance on the contractor’s existing quality assurance system and limits on Government in-process inspection, and the use of other agencies’ quality assurance and acceptance services when that is more effective, economical, or otherwise in the Government’s interest. In practice, this section is the foundation for how agencies build inspection and acceptance clauses, how contracting officers structure quality oversight, and how contractors understand that compliance is measured against contract requirements, not just their internal standards. It also signals that quality assurance is not optional or purely administrative; it is a core protection for the Government that must be planned, documented, and executed consistently with commercial practice where applicable.
Key Rules
Include needed quality terms
Contracts must contain inspection and other quality requirements, including warranty clauses when appropriate, that are necessary to protect the Government’s interest. This means the contracting officer must tailor quality provisions to the acquisition rather than rely on a one-size-fits-all approach.
Deliverables must conform
Supplies and services tendered by contractors, including commercial services, must meet the contract’s requirements. The contractor’s obligation is to deliver conforming performance, not merely commercially acceptable performance unless the contract says otherwise.
Government QA before acceptance
Government quality assurance is generally performed before acceptance and must be conducted by or under the direction of Government personnel, except where another part of FAR provides otherwise. Acceptance should be based on an informed Government review, not on unchecked contractor assertions.
No contract may block inspection
A contract cannot prevent the Government from inspecting supplies or services. Any clause or practice that would eliminate or improperly limit the Government’s inspection rights is inconsistent with this policy.
Reject nonconforming items
Nonconforming supplies or services must be rejected unless FAR 46.407 provides another disposition. The default rule is rejection, with exceptions handled only through the specific authority in the FAR.
Commercial products use contractor QA
For commercial products, the Government generally relies on the contractor’s existing quality assurance system instead of requiring Government inspection and testing before tender for acceptance, unless customary market practices allow in-process inspection. Any Government in-process inspection must be consistent with commercial practice and 41 U.S.C. 3307.
Use other agencies when efficient
Agencies should use the quality assurance and acceptance services of other agencies when doing so will be effective, economical, or otherwise in the Government’s interest. This supports interagency efficiency and avoids duplicative inspection resources.
Responsibilities
Contracting Officer
Include appropriate inspection, quality, and warranty provisions in the contract; ensure the contract does not restrict Government inspection rights; structure acceptance and rejection terms consistent with FAR policy; and determine when use of another agency’s quality assurance or acceptance services is appropriate.
Government Quality Assurance Personnel
Perform or support quality assurance before acceptance under Government direction; inspect supplies or services as required; document findings; and ensure acceptance decisions are based on contract compliance and applicable FAR procedures.
Contractor
Provide supplies and services that meet contract requirements; maintain and operate an effective quality assurance system, especially for commercial products; allow Government inspection when authorized; and correct or address nonconforming work as required by the contract and FAR.
Agency
Establish acquisition policies and procedures that ensure contracts contain necessary quality protections; coordinate the use of other agencies’ quality assurance and acceptance services when beneficial; and support consistent application of inspection and acceptance policy across procurements.
Acceptance Authority / Inspecting Activity
Evaluate tendered items for conformity before acceptance, reject nonconforming supplies or services unless an exception applies, and ensure inspection and acceptance actions are carried out in accordance with FAR and the contract.
Practical Implications
This section is the starting point for drafting quality clauses: if the contract does not clearly state inspection, acceptance, warranty, and quality requirements, the Government may have weaker leverage when defects appear.
For contractors, the key risk is assuming that passing internal checks is enough; the real standard is contract compliance, and nonconforming work can be rejected even if it is otherwise usable.
Commercial-item acquisitions are different from noncommercial buys: agencies generally should not impose Government-style inspection and testing before tender, and any in-process inspection must fit commercial market practice.
Contracting officers should watch for clauses or statements of work that unintentionally limit inspection rights or blur acceptance standards, because those provisions can create disputes and undermine enforcement.
When another agency can provide quality assurance or acceptance services more effectively or economically, failing to use that support can waste resources and create inconsistent oversight across the Government.
Official Regulatory Text
Agencies shall ensure that- (a) Contracts include inspection and other quality requirements, including warranty clauses when appropriate, that are determined necessary to protect the Government’s interest; (b) Supplies or services (including commercial services) tendered by contractors meet contract requirements; (c) Government contract quality assurance is conducted before acceptance (except as otherwise provided in this part), by or under the direction of Government personnel; (d) No contract precludes the Government from performing inspection; (e) Nonconforming supplies or services are rejected, except as otherwise provided in 46.407 ; (f) Contracts for commercial products rely on a contractor’s existing quality assurance system as a substitute for compliance with Government inspection and testing before tender for acceptance unless customary market practices for the commercial product being acquired permit in-process inspection ( 41 U.S.C. 3307 ). Any in-process inspection by the Government shall be conducted in a manner consistent with commercial practice; and (g) The quality assurance and acceptance services of other agencies are used when this will be effective, economical, or otherwise in the Government’s interest (see 42.002 and subpart 42.2 .