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section46.302

Fixed-price supply contracts

Overview

FAR 46.302 prescribes the use of the "Inspection of Supplies—Fixed-Price" clause, ensuring the government has the right to inspect and test supplies to ensure they meet contract specifications.

Key Rules

  • Mandatory Inclusion: The Contracting Officer (CO) must insert clause 52.246-2 in solicitations and contracts for fixed-price supplies (or services involving supplies) when the value is expected to exceed the Simplified Acquisition Threshold (SAT).
  • Discretionary Inclusion: For contracts at or below the SAT, the CO may include the clause if it is determined to be in the government's interest.
  • Alternate I: Must be used for fixed-price incentive contracts.
  • Alternate II: Must be used for fixed-ceiling-price contracts that involve retroactive price redetermination.

Practical Implications

  • This section provides the legal framework for the government's quality assurance rights, allowing for the rejection of non-conforming goods before payment is finalized.
  • Contractors must be aware of which version of the inspection clause is included, as incentive or redetermination structures change the administrative requirements for inspection and acceptance.

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