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  • Question

    How does the contractor pay for the damaged computer? Do they get an estimate of damages and is that dollar amount removed from the total price of the contract? Do they purchase a new computer and give it to the government customer? FAR Clause 52.245-1 is not in the contract.


    Answer

    Since we do not have all of the facts pertaining to your requirement, solicitation/contract or contractor(s), the following answer is based solely on the background and question provided.  As we do not have access to the contract folder or particulars that apply to this situation, we highly recommend you consult the Contracting Officer and possibly the Legal Office.
     
    Hopefully the Warranty of Construction clause (FAR 52.246-12) is in the contract as prescribed by FAR 46.312.  This clause holds the contractor responsible for damage caused by defective work.  The contractor should have insurance that will cover the loss of the equipment. 

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