customer is now wanting to buy an extended warranty for the washers and dryers but warranty other than the commerical warranty was not a part of the purchase. Can tell me if DoD allows for buying of extended warranties?
Washers and Dryers are found at a variety of vendors and are properly classified as commercial items. It is a normal commercial practice that these items come with an expressed manufacturer’s warranty as part of the purchase. Normal practice is for an extended warranty to be offered to all parties purchasing a washer and dryers; so by extension, the government should be able to purchase an extended warranty like any other buyer in this market.
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FAR 12.404(b) includes the requirement that contracting officers take advantage of commercial warranties”… including offers of extended warranties…”
The problem in your scenario is that these commercial washers and dryers were purchased last year, have been in use for a year or more; but someone decided against purchasing the extended warranty (which was undoubtedly offered for sale at that time but declined) and now has suddenly decided that an extended warranty is a requirement.
There are several possibilities for your quandary: 1) The requiring activity is trying to correct an error; or 2) someone is trying to game the system and get items fixed which may have been broken due to excessive wear.
The problem with your scenario is that equipment has been in use and therefore the present material condition is unknown. A vendor would not be able to provide a “new equipment” extended warranty but rather is faced with somehow negotiating an “as-is” warranty. This would NOT the same extended warranty that would have been provided at the time of the purchase. Further, because of the varying nature of the current condition of the equipment, this can no longer be considered a commercial item. This “as-is condition extended warranty” would be a service plan masquerading as a warranty.
If you want a service plan, write a service contract. The opportunity to purchase a normal commercial extended warranty expired at the time of the sale.