[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR46]

[Page 861-862]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 46--QUALITY ASSURANCE--Table of Contents
 
                        Subpart 46.7--Warranties
 
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 (see 46.709 for warranties for commercial items). However, 
because of the many situations that may influence the warranty terms and 
conditions appropriate to a particular acquisition, the contracting 
officer may vary the terms and conditions of the clauses and alternates 
to the extent necessary. The alternates prescribed in this section 
address the clauses; however, the conditions pertaining to each 
alternate must be considered if the terms and conditions are varied to 
meet a particular need.
    (a)(1) The contracting officer may insert a clause substantially the 
same as the clause at 52.246-17, Warranty of Supplies of a Noncomplex 
Nature, in solicitations and contracts for noncomplex items when a 
fixed-price supply contract is contemplated and the use of a warranty 
clause has been approved under agency procedures. If the contractor's 
design rather than the Government's design will be used, insert the word 
``design'' before ``material'' in paragraph (b)(1)(i).
    (2) If it is desirable to specify that necessary transportation 
incident to

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correction or replacement will be at the Government's expense (as might 
be the case if, for example, the cost of a warranty would otherwise be 
prohibitive), the contracting officer may use the clause with its 
Alternate II.
    (3) If the supplies cannot be obtained from another source, the 
contracting officer may use the clause with its Alternate III.
    (4) If a fixed-price incentive contract is contemplated, the 
contracting officer may use the clause with its Alternate IV.
    (5) If it is anticipated that recovery of the warranted item will 
involve considerable Government expense for disassembly and/or 
reassembly of larger items, the contracting officer may use the clause 
with its Alternate V.
    (b)(1) The contracting officer may insert a clause substantially the 
same as the clause at 52.246-18, Warranty of Supplies of a Complex 
Nature, in solicitations and contracts for deliverable complex items 
when a fixed-price supply or research and development contract is 
contemplated and the use of a warranty clause has been approved under 
agency procedures. If the contractor's design rather than the 
Government's design will be used, insert the word ``design'' before 
``material'' in paragraph (b)(1).
    (2) If it is desirable to specify that necessary transportation 
incident to correction or replacement will be at the Government's 
expense (as might be the case if, for example, the cost of a warranty 
would otherwise be prohibitive), the contracting officer may use the 
clause with its Alternate II.
    (3) If a fixed-price incentive contract is contemplated, the 
contracting officer may use the clause with its Alternate III.
    (4) If it is anticipated that recovery of the warranted item will 
involve considerable Government expense for disassembly and/or 
reassembly of larger items, the contracting officer may use the clause 
with its Alternate IV.
    (c)(1) The contracting officer may insert a clause substantially the 
same as the clause at 52.246-19, Warranty of Systems and Equipment under 
Performance Specifications or Design Criteria, in solicitations and 
contracts when performance specifications or design are of major 
importance; a fixed-price supply, service, or research and development 
contract for systems and equipment is contemplated; and the use of a 
warranty clause has been approved under agency procedures.
    (2) If it is desirable to specify that necessary transportation 
incident to correction or replacement will be at the Government's 
expense (as might be the case if, for example, the cost of a warranty 
would otherwise be prohibitive), the contracting officer may use the 
clause with its Alternate I.
    (3) If a fixed-price incentive contract is contemplated, the 
contracting officer may use the clause with its Alternate II.
    (4) If it is anticipated that recovery of the warranted item will 
involve considerable Government expense for disassembly and/or 
reassembly of larger items, the contracting officer may use the clause 
with its Alternate III.
    (d) The contracting officer may insert a clause substantially the 
same as the clause at 52.246-20, Warranty of Services, in solicitations 
and contracts for services when a fixed-price contract for services is 
contemplated and the use of a warranty clause has been approved under 
agency procedures; unless a clause substantially the same as the clause 
at 52.246-19, Warranty of Systems and Equipment under Performance 
Specifications or Design Criteria, has been used.
    (e)(1) The contracting officer may insert a clause substantially the 
same as the clause at 52.246-21, Warranty of Construction, in 
solicitations and contracts when a fixed-price construction contract 
(see 46.705(c)) is contemplated and the use of a warranty clause has 
been approved under agency procedures.
    (2) If the Government specifies in the contract the use of any 
equipment by brand name and model, the contracting officer may use the 
clause with its Alternate I.

[48 FR 42415, Sept. 19, 1983, as amended at 60 FR 48250, Sept. 18, 1995; 
66 FR 2133, Jan. 10, 2001]

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