Question
Per FAR 52.246-21(f), "If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense." What is considered "reasonable time" and who should make that determination? If we tell our BOS contractor to make the repair will the remaining 8 months of warranty on that system be void because we instructed another contractor to work on it?
Answer
Per FAR 52.246-21(e) “The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.”
Per 52.246-21(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense. Despite prime contractor’s responsiveness to warranty calls; inability to get a subcontractor on site to address the repair of the HVAC unit does not relieve prime of repair responsibility.
The contracting officer; with help of technical rep., should determine and communicate "reasonable time" for repair with contractor counterpart; adverse effect of continued repair delays; availability of BOS maintenance contractor to make repairs; and concern regarding remaining warranty period. Also, remind contractor per 52.246-21(f) of Government’s right "to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense."
Doing so should result in timely repair and equitable remedy.
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