46.801
Applicability
FAR 46.801 clarifies that Subpart 46.8's contractor liability rules do not apply to commercial products/services, IT, construction, architect-engineer, or real property maintenance contracts.
Overview
FAR 46.801 defines the applicability of Subpart 46.8, which addresses contractor liability for loss of or damage to government property. This section clarifies that Subpart 46.8 does not apply to contracts for commercial products and commercial services, nor does it apply to contracts involving information technology (including telecommunications), construction, architect-engineer services, or maintenance and rehabilitation of real property. For issues related to contractor liability for nonconforming technical data, contracting professionals are directed to Subpart 46.7 (Warranties).
Key Rules
- Exclusions from Applicability
- Subpart 46.8 does not apply to contracts for commercial products/services, IT, construction, architect-engineer services, or maintenance/rehabilitation of real property.
- Reference to Warranties
- For contractor liability related to nonconforming technical data, refer to Subpart 46.7.
Responsibilities
- Contracting Officers: Must determine if a contract falls within the excluded categories before applying Subpart 46.8 and refer to Subpart 46.7 for technical data issues.
- Contractors: Should be aware of whether their contract type is covered by Subpart 46.8 and understand where liability requirements are addressed.
- Agencies: Ensure proper application of liability clauses and reference correct subparts for specific contract types.
Practical Implications
- This section helps prevent misapplication of contractor liability rules to excluded contract types, reducing compliance confusion.
- Contractors and contracting officers must verify contract type before applying Subpart 46.8 requirements.
- Common pitfalls include overlooking exclusions or misapplying liability provisions to commercial or construction contracts.