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  • Question

    Is warranty support a supply or service? Does the answer depend on what is being guaranteed, supply or service? Do I need to complete an RSCA, an AT/OPSEC coversheet, and include a CMRA CLIN?


    Answer

    1. The FAR references quoted in pertinent part are applicable to this response.

    FAR 2.101 -- Definitions

    “Warranty” means a promise or affirmation given by a contractor to the Government regarding the nature, usefulness, or condition of the supplies or performance of services furnished under the contract.

    FAR 12.404 -- Warranties

    (a)  Implied warranties. The Government’s post award rights contained in 52.212-4 are the implied warranty of merchantability, the implied warranty of fitness for particular purpose and the remedies contained in the acceptance paragraph.

    (b)  Express warranties. 41 U.S.C.3307(e)(5)(B) requires contracting officers to take advantage of commercial warranties.

          (3)  Express warranties shall be included in the contract by addendum.

    FAR 46.702 -- General

    (a)  The principal purposes of a warranty in a Government contract are-

          (1)  To delineate the rights and obligations of the contractor and the Government for defective items and services; and

          (2)  To foster quality performance.

    (b)  Generally, a warranty should provide-

          (1)  A contractual right for the correction of defects notwithstanding any other requirement of the contract pertaining to acceptance of the supplies or services by the Government; and

          (2)  A stated period of time or use, or the occurrence of a specified event, after acceptance by the Government to assert a contractual right for the correction of defects.

    FAR 46.709 -- Warranties of commercial items.

    The contracting officer should take advantage of commercial warranties, including extended warranties, where appropriate and in the Government’s best interests, offered by the contractor for the repair and replacement of commercial items (see part 12) [references cited above].

    FAR 46.710 -- Contract clauses

    The clauses and alternates prescribed in this section may be used in solicitations and contracts in which inclusion of a warranty is appropriate [for noncommercial items]. However … , the contracting officer may vary the terms and conditions of the clauses and alternates to the extent necessary.

          (a)(1) Clause 52.246-17, Warranty of Supplies of a Noncomplex Nature

          (b)(1) Clause 52.246-18, Warranty of Supplies of a Complex Nature

          (c)(1) Clause 52.246-19, Warranty of Systems and Equipment under Performance Specifications or Design Criteria

          (d) Clause at 52.246-20, Warranty of Services

    2.

     

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