Warranties of data
Warranties of data in government contracts must comply with the specific regulations of the contracting agency, not a uniform federal standard.
Overview
FAR 46.708 addresses the use of warranties for data in government contracts. It specifies that any warranties related to data must be developed and implemented according to the specific regulations of the contracting agency. This section does not prescribe a uniform federal standard for data warranties but instead defers to individual agency policies and procedures. The intent is to ensure that warranties of data are tailored to the needs and requirements of each agency, promoting flexibility and compliance with agency-specific objectives.
Key Rules
- Agency-Specific Data Warranties
- Warranties of data must be created and applied following the regulations established by the contracting agency.
- No Uniform Federal Standard
- There is no single federal approach; agencies have discretion to set their own requirements for data warranties.
Responsibilities
- Contracting Officers: Must ensure that any data warranties included in contracts comply with their agency’s regulations.
- Contractors: Should review and adhere to the specific data warranty requirements set forth by the contracting agency.
- Agencies: Are responsible for establishing and maintaining regulations governing data warranties.
Practical Implications
- This section exists to provide flexibility for agencies to address data warranty needs based on their unique missions and risks.
- Contractors must be vigilant in reviewing solicitation and contract clauses for agency-specific data warranty requirements.
- A common pitfall is assuming a standard federal approach; instead, contractors must tailor compliance to each agency’s rules.