FAR 46.301—Contractor inspection requirements.
Plain-English Summary
FAR 46.301 tells contracting officers when to include the clause at 52.246-1, Contractor Inspection Requirements, in solicitations and contracts. It applies to supplies or services expected to be at or below the simplified acquisition threshold and focuses on two triggers for using the clause: when the contracting officer needs the clause to make the contractor’s inspection duties explicit, or when agency procedures require it. The section also creates an important limitation: the clause must not be used if the contracting officer has made the determination described in FAR 46.202-2(b). In practice, this provision is about making sure low-dollar acquisitions have the right level of inspection language without overcomplicating the contract or duplicating other inspection arrangements. It helps align the contract’s quality assurance expectations with the acquisition’s size, risk, and agency policy.
Key Rules
Use only for SAT acquisitions
The clause at 52.246-1 is tied to contracts for supplies or services expected to be at or below the simplified acquisition threshold. If the acquisition is above that threshold, this section does not authorize use of this clause as the governing rule.
Insert when clarity is needed
The contracting officer must include the clause when it is necessary to ensure an explicit understanding of the contractor’s inspection responsibilities. This means the clause is used to avoid ambiguity about who inspects, what is inspected, and the contractor’s quality control obligations.
Follow agency procedures
Even if the contracting officer does not independently view the clause as necessary for clarity, the clause must still be included when required by agency procedures. Agency-level rules can therefore make the clause mandatory for certain buys.
Do not use when 46.202-2(b) applies
The clause may not be used if the contracting officer has made the determination specified in FAR 46.202-2(b). This prevents conflicting or duplicative inspection requirements where another inspection approach has already been selected.
Applies to supplies and services
The rule covers solicitations and contracts for both supplies and services, so it is not limited to product purchases. The key issue is the expected contract amount and the need for a clear inspection framework.
Responsibilities
Contracting Officer
Determine whether the acquisition is expected to be at or below the simplified acquisition threshold, decide whether the clause is needed to make inspection responsibilities explicit, follow any applicable agency procedures, and ensure the clause is not used when the determination in FAR 46.202-2(b) has been made.
Agency
Establish procedures that may require use of the clause for certain acquisitions or circumstances, and ensure contracting personnel apply those procedures consistently.
Contractor
Understand and comply with the inspection responsibilities stated in the contract clause when it is included, including any required internal inspection or quality control measures.
Practical Implications
For contracting officers, this is a placement decision that should be made early in acquisition planning so the solicitation contains the right inspection language from the start.
A common pitfall is treating the clause as automatic for all low-dollar buys; the rule is conditional and depends on the need for clarity, agency procedures, and the absence of a conflicting 46.202-2(b) determination.
Another risk is overlooking agency-specific procedures, which can make the clause mandatory even when the contracting officer would otherwise omit it.
Contractors should read the clause carefully because it can define inspection duties that affect how they perform, document, and self-check deliverables.
If the wrong inspection clause is used, the contract may create confusion about acceptance, quality control, and responsibility for defects, which can lead to disputes later.
Official Regulatory Text
The contracting officer shall insert the clause at 52.246-1 , Contractor Inspection Requirements, in solicitations and contracts for supplies or services when the contract amount is expected to be at or below the simplified acquisition threshold and (a) inclusion of the clause is necessary to ensure an explicit understanding of the contractor’s inspection responsibilities, or (b) inclusion of the clause is required under agency procedures. The clause shall not be used if the contracting officer has made the determination specified in 46.202-2 (b).