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    Federal Acquisition Regulation - #52-246-21

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    Eng-TaYsEeR
    This document contains two warranty clauses for use in federal contracts: 1) Warranty of Services clause provides a warranty for services performed under a fixed-price contract, requiring the contractor to correct any defects or nonconformances at no cost to the government. 2) Warranty of Construction clause provides a 1-year warranty on construction work, requiring the contractor to remedy defects or damage resulting from nonconformance at the contractor's expense. It also allows the government to replace or repair defects at the contractor's expense if not remedied in a reasonable time.

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    Federal Acquisition Regulation - #52-246-21

    Uploaded by

    Eng-TaYsEeR
    6 views2 pages
    This document contains two warranty clauses for use in federal contracts: 1) Warranty of Services clause provides a warranty for services performed under a fixed-price contract, requiring the contractor to correct any defects or nonconformances at no cost to the government. 2) Warranty of Construction clause provides a 1-year warranty on construction work, requiring the contractor to remedy defects or damage resulting from nonconformance at the contractor's expense. It also allows the government to replace or repair defects at the contractor's expense if not remedied in a reasonable time.

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    This document contains two warranty clauses for use in federal contracts: 1) Warranty of Services clause provides a warranty for services performed under a fixed-price contract, requiring the contractor to correct any defects or nonconformances at no cost to the government. 2) Warranty of Construction clause provides a 1-year warranty on construction work, requiring the contractor to remedy defects or damage resulting from nonconformance at the contractor's expense. It also allows the government to replace or repair defects at the contractor's expense if not remedied in a reasonable time.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    6 views2 pages

    Federal Acquisition Regulation - #52-246-21

    Uploaded by

    Eng-TaYsEeR
    This document contains two warranty clauses for use in federal contracts: 1) Warranty of Services clause provides a warranty for services performed under a fixed-price contract, requiring the contractor to correct any defects or nonconformances at no cost to the government. 2) Warranty of Construction clause provides a 1-year warranty on construction work, requiring the contractor to remedy defects or damage resulting from nonconformance at the contractor's expense. It also allows the government to replace or repair defects at the contractor's expense if not remedied in a reasonable time.

    Copyright:

    © All Rights Reserved
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    of 2

    Federal Acquisition Regulation 52.

    246–21

    and contracts when a fixed-price con- (End of clause)


    tract for services is contemplated and
    the use of a warranty clause has been 52.246–21 Warranty of Construction.
    approved under agency procedures, un- As prescribed in 46.710(e)(1), the con-
    less a clause substantially the same as tracting officer may insert a clause
    the clause at 52.246–19, Warranty of substantially as follows in solicitations
    Systems and Equipment under Per- and contracts when a fixed-price con-
    formance Specifications or Design Cri- struction contract (see 46.705(c)) is con-
    teria, has been used: templated, and the use of a warranty
    clause has been approved under agency
    WARRANTY OF SERVICES (APR 1984) procedures:
    (a) Definitions. Acceptance, as used in this
    clause, means the act of an authorized rep- WARRANTY OF CONSTRUCTION (APR 1984)
    resentative of the Government by which the (a) In addition to any other warranties in
    Government assumes for itself, or as an this contract, the Contractor warrants, ex-
    agent of another, ownership of existing and cept as provided in paragraph (i) of this
    identified supplies, or approves specific serv- clause, that work performed under this con-
    ices, as partial or complete performance of tract conforms to the contract requirements
    the contract. and is free of any defect in equipment, mate-
    Correction, as used in this clause, means rial, or design furnished, or workmanship
    the elimination of a defect. performed by the Contractor or any sub-
    (b) Notwithstanding inspection and accept- contractor or supplier at any tier.
    ance by the Government or any provision (b) This warranty shall continue for a pe-
    concerning the conclusiveness thereof, the riod of 1 year from the date of final accept-
    Contractor warrants that all services per- ance of the work. If the Government takes
    formed under this contract will, at the time possession of any part of the work before
    of acceptance, be free from defects in work- final acceptance, this warranty shall con-
    manship and conform to the requirements of tinue for a period of 1 year from the date the
    this contract. The Contracting Officer shall Government takes possession.
    give written notice of any defect or non- (c) The Contractor shall remedy at the
    conformance to the Contractor ll [Con- Contractor’s expense any failure to conform,
    or any defect. In addition, the Contractor
    tracting Officer shall insert the specific period
    shall remedy at the Contractor’s expense any
    of time in which notice shall be given to the
    damage to Government-owned or controlled
    Contractor; e.g., within 30 days from the date of
    real or personal property, when that damage
    acceptance by the Government,; within 1000
    is the result of—
    hours of use by the Government,; or other
    (1) The Contractor’s failure to conform to
    specified event whose occurrence will termi-
    contract requirements; or
    nate the period of notice, or combination of
    (2) Any defect of equipment, material,
    any applicable events or period of time].
    workmanship, or design furnished.
    This notice shall state either (1) that the
    (d) The Contractor shall restore any work
    Contractor shall correct or reperform any
    damaged in fulfilling the terms and condi-
    defective or nonconforming services, or (2) tions of this clause. The Contractor’s war-
    that the Government does not require cor- ranty with respect to work repaired or re-
    rection or reperformance. placed will run for 1 year from the date of re-
    (c) If the Contractor is required to correct pair or replacement.
    or reperform, it shall be at no cost to the (e) The Contracting Officer shall notify the
    Government, and any services corrected or Contractor, in writing, within a reasonable
    reperformed by the Contractor shall be sub- time after the discovery of any failure, de-
    ject to this clause to the same extent as fect, or damage.
    work initially performed. If the Contractor (f) If the Contractor fails to remedy any
    fails or refuses to correct or reperform, the failure, defect, or damage within a reason-
    Contracting Officer may, by contract or oth- able time after receipt of notice, the Govern-
    erwise, correct or replace with similar serv- ment shall have the right to replace, repair,
    ices and charge to the Contractor the cost or otherwise remedy the failure, defect, or
    occasioned to the Government thereby, or damage at the Contractor’s expense.
    make an equitable adjustment in the con- (g) With respect to all warranties, express
    tract price. or implied, from subcontractors, manufac-
    (d) If the Government does not require cor- turers, or suppliers for work performed and
    rection or reperformance, the Contracting materials furnished under this contract, the
    Officer shall make an equitable adjustment Contractor shall—
    in the contract price. (1) Obtain all warranties that would be
    given in normal commercial practice;

    329
    52.246–22 48 CFR Ch. 1 (10–1–98 Edition)
    (2) Require all warranties to be executed, (b) The limitation of liability under para-
    in writing, for the benefit of the Govern- graph (a) above shall not apply when a defect
    ment, if directed by the Contracting Officer; or deficiency in, or the Government’s accept-
    and ance of, the supplies results from willful mis-
    (3) Enforce all warranties for the benefit of conduct or lack of good faith on the part of
    the Government, if directed by the Contract- any of the Contractor’s managerial person-
    ing Officer. nel. The term Contractor’s managerial person-
    (h) In the event the Contractor’s warranty nel, as used in this clause, means the Con-
    under paragraph (b) of this clause has ex- tractor’s directors, officers, and any of the
    pired, the Government may bring suit at its Contractor’s managers, superintendents, or
    expense to enforce a subcontractor’s, manu- equivalent representatives who have super-
    facturer’s, or supplier’s warranty. vision or direction of—
    (i) Unless a defect is caused by the neg- (1) All or substantially all of the Contrac-
    ligence of the Contractor or subcontractor or tor’s business;
    supplier at any tier, the Contractor shall not (2) All or substantially all of the Contrac-
    be liable for the repair of any defects of ma- tor’s operations at any one plant, labora-
    tory, or separate location at which the con-
    terial or design furnished by the Government
    tract is being performed; or
    nor for the repair of any damage that results
    (3) A separate and complete major indus-
    from any defect in Government-furnished
    trial operation connected with the perform-
    material or design.
    ance of this contract.
    (j) This warranty shall not limit the Gov- (c) If the Contractor carries insurance, or
    ernment’s rights under the Inspection and has established a reserve for self-insurance,
    Acceptance clause of this contract with re- covering liability for loss or damage suffered
    spect to latent defects, gross mistakes, or by the Government through purchase or use
    fraud. of the supplies required to be delivered under
    this contract, the Contractor shall be liable
    (End of clause) to the Government, to the extent of such in-
    surance or reserve, for loss of or damage to
    Alternate I (APR 1984). If the Govern- property of the Government occurring after
    ment specifies in the contract the use Government acceptance of, and resulting
    of any equipment by brand name and from any defects or deficiencies in, the sup-
    model, the contracting officer may add plies delivered under this contract.
    a paragraph substantially the same as
    the following paragraph (k) to the (End of clause)
    basic clause:
    [48 FR 42478, Sept. 19, 1983, as amended at 60
    (k) Defects in design or manufacture of FR 34762, July 3, 1995; 61 FR 67426, Dec. 20,
    equipment specified by the Government on a 1996]
    brand name and model basis, shall not be in-
    cluded in this warranty. In this event, the 52.246–24 Limitation of Liability—
    Contractor shall require any subcontractors, High-Value Items.
    manufacturers, or suppliers thereof to exe-
    cute their warranties, in writing, directly to
    As prescribed in 46.805, insert the fol-
    the Government. lowing clause:
    [48 FR 42478, Sept. 19, 1983, as amended at 59 LIMITATION OF LIABILITY—HIGH-VALUE ITEMS
    FR 11388, Mar. 10, 1994] (FEB 1997)
    (a) Except as provided in paragraphs (b)
    52.246–22 [Reserved] through (e) below, and notwithstanding any
    other provision of this contract, the Contrac-
    52.246–23 Limitation of Liability. tor shall not be liable for loss of or damage
    to property of the Government (including
    As prescribed in 46.805, insert the fol-
    the supplies delivered under this contract)
    lowing clause: that (1) occurs after Government acceptance
    LIMITATION OF LIABILITY (FEB 1997) of the supplies delivered under this contract
    and (2) results from any defects or defi-
    (a) Except as provided in paragraphs (b) ciencies in the supplies.
    and (c) below, and except for remedies ex- (b) The limitation of liability under para-
    pressly provided elsewhere in this contract, graph (a) above shall not apply when a defect
    the Contractor shall not be liable for loss of or deficiency in, or the Government’s accept-
    or damage to property of the Government ance of, the supplies results from willful mis-
    (excluding the supplies delivered under this conduct or lack of good faith on the part of
    contract) that (1) occurs after Government any of the Contractor’s managerial person-
    acceptance of the supplies delivered under nel. The term Contractor’s managerial person-
    this contract and (2) results from any defects nel, as used in this clause, means the Con-
    or deficiencies in the supplies. tractor’s directors, officers, and any of the

    330

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