FAR 46.309—Research and development contracts (short form).
Plain-English Summary
FAR 46.309 is a narrow clause-selection rule for research and development (R&D) acquisitions. It tells the contracting officer when to use the short-form inspection clause at 52.246-9, Inspection of Research and Development (Short Form), namely in solicitations and contracts for R&D when neither the clause prescribed by FAR 46.307 nor the clause prescribed by FAR 46.308 is used. In practice, this section does not set out a full inspection regime; instead, it directs which inspection clause belongs in the contract when the agency is buying R&D and has decided not to use the other R&D inspection clauses. Its purpose is to ensure the contract contains an appropriate inspection and acceptance framework for R&D work, where traditional product inspection methods may not fit well because the effort is experimental, developmental, or otherwise not amenable to standard end-item inspection. For contractors, this means the solicitation and contract should be checked carefully to confirm the correct inspection clause is included, because that clause affects how deliverables are reviewed, accepted, and potentially rejected. For contracting officers, it is a clause-application instruction that helps avoid using the wrong inspection terms in R&D acquisitions.
Key Rules
Use short-form clause
The contracting officer must insert FAR 52.246-9, Inspection of Research and Development (Short Form), in R&D solicitations and contracts when the clauses prescribed by FAR 46.307 or FAR 46.308 are not used. This makes the short-form inspection clause the default R&D inspection clause in that circumstance.
Applies to R&D acquisitions
This rule applies only to solicitations and contracts for research and development. It is not a general inspection rule for all supplies or services, and it is limited to the R&D context.
Clause choice depends on other sections
FAR 46.309 is a fallback instruction. If the contracting officer is using the clause required by FAR 46.307 or FAR 46.308, then 46.309 does not apply; if those clauses are not used, the short-form clause must be inserted instead.
Inspection terms must fit the work
The section reflects the need to match inspection language to the nature of R&D work. Because R&D often involves evolving technical effort and uncertain outcomes, the contract must use the inspection clause intended for that environment.
Responsibilities
Contracting Officer
Determine which R&D inspection clause applies and insert FAR 52.246-9 in the solicitation and contract when the clauses prescribed by FAR 46.307 or 46.308 are not used. Ensure the contract’s inspection language is consistent with the acquisition strategy and the nature of the R&D effort.
Contractor
Review the solicitation and contract to confirm the correct inspection clause is included and understand the acceptance and inspection framework that will govern performance. Plan performance and deliverables with the clause’s inspection requirements in mind.
Agency
Support acquisition planning and clause selection so the contract uses the appropriate inspection clause for the R&D requirement. Maintain consistency between the acquisition approach and the inspection terms used in the solicitation and award.
Practical Implications
This section is mainly a clause-selection checkpoint, so the practical task is making sure the right inspection clause is in the contract before award.
A common pitfall is treating R&D like a standard supply contract and using the wrong inspection language, which can create confusion over acceptance and rejection rights.
Contractors should verify the clause during proposal review, because inspection terms can affect technical review, deliverable acceptance, and dispute risk.
Contracting officers should confirm whether FAR 46.307 or 46.308 applies before defaulting to the short-form clause; the rule only applies when those clauses are not used.
Because R&D work can be uncertain and iterative, the inspection clause should be aligned with how the government will evaluate progress, reports, prototypes, or other deliverables in practice.
Official Regulatory Text
The contracting officer shall insert the clause at 52.246-9 , Inspection of Research and Development (Short Form), in solicitations and contracts for research and development when the clause prescribed in 46.307 or the clause prescribed in 46.308 is not used.