46.710
Contract clauses
FAR 46.710 guides contracting officers on selecting and tailoring warranty clauses and alternates to fit the specific needs of each contract, ensuring both compliance and flexibility.
Overview
FAR 46.710 prescribes the use of specific warranty clauses and their alternates in government solicitations and contracts where warranties are appropriate. It provides contracting officers with guidance on selecting and tailoring warranty clauses based on the nature of the supplies, services, or construction involved, as well as the contract type (e.g., fixed-price, incentive). The section emphasizes flexibility, allowing contracting officers to modify terms and conditions to suit particular acquisition needs, provided agency procedures are followed and the conditions for each alternate are considered.
Key Rules
- Warranty Clauses for Noncomplex Supplies (52.246-17)
- Use for fixed-price supply contracts for noncomplex items, with alternates for transportation costs, sole-source items, incentive contracts, and high disassembly/reassembly costs.
- Warranty Clauses for Complex Supplies (52.246-18)
- Use for fixed-price supply or R&D contracts for complex items, with alternates for transportation, incentive contracts, and high recovery costs.
- Warranty of Systems and Equipment (52.246-19)
- Use when performance specifications or design criteria are critical, with alternates for transportation, incentive contracts, and high recovery costs.
- Warranty of Services (52.246-20)
- Use for fixed-price service contracts unless 52.246-19 is used.
- Warranty of Construction (52.246-21)
- Use for fixed-price construction contracts, with an alternate for specified brand name equipment.
Responsibilities
- Contracting Officers: Must select and tailor appropriate warranty clauses and alternates, ensure agency approval, and consider contract specifics.
- Contractors: Must comply with the warranty terms and conditions included in their contracts.
- Agencies: Must establish procedures for approving the use of warranty clauses and oversee compliance.
Practical Implications
- This section ensures that warranties are appropriately included and tailored in government contracts, protecting the government's interests while allowing flexibility for unique acquisition needs. Contractors should carefully review warranty clauses and any alternates to understand their obligations, especially regarding transportation, recovery costs, and design responsibility. Common pitfalls include misunderstanding which alternate applies or failing to comply with agency-specific procedures.