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(Revised January 22, 2007)

 

 



 252.246-7000 Material Inspection and Receiving Report.
 252.246-7001 Warranty of Data.
 252.246-7002 Warranty of Construction (Germany).
 252.246-7003 Notification of Potential Safety Issues.


252.246-7000  Material Inspection and Receiving Report.

As prescribed in 246.370, use the following clause:

 

MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2003)

 

      (a)  At the time of each delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the Government a material inspection and receiving report in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense FAR Supplement.

 

      (b)  Contractor submission of the material inspection and receiving information required by Appendix F of the Defense FAR Supplement by using the Wide Area WorkFlow-Receipt and Acceptance (WAWF-RA) electronic form (see paragraph (b)(1) of the clause at 252.232-7003) fulfills the requirement for a material inspection and receiving report (DD Form 250).

 

(End of clause)

 

252.246-7001  Warranty of Data.

As prescribed in 246.710(1), use the following clause:

 

WARRANTY OF DATA (DEC 1991)

 

      (a)  Definition.  “Technical data” has the same meaning as given in the clause in this contract entitled, Rights in Technical Data and Computer Software.

 

      (b)  Warranty.  Notwithstanding inspection and acceptance by the Government of technical data furnished under this contract, and notwithstanding any provision of this contract concerning the conclusiveness of acceptance, the Contractor warrants that all technical data delivered under this contract will at the time of delivery conform with the specifications and all other requirements of this contract.  The warranty period shall extend for three years after completion of the delivery of the line item of data (as identified in DD Form 1423, Contract Data Requirements List) of which the data forms a part; or any longer period specified in the contract.

 

      (c)  Contractor Notification.  The Contractor agrees to notify the Contracting Officer in writing immediately of any breach of the above warranty which the Contractor discovers within the warranty period.

 

      (d)  Remedies.  The following remedies shall apply to all breaches of the warranty, whether the Contractor notifies the Contracting Officer in accordance with paragraph (c) of this clause or if the Government notifies the Contractor of the breach in writing within the warranty period:

 

              (1)  Within a reasonable time after such notification, the Contracting Officer may—

 

                    (i)  By written notice, direct the Contractor to correct or replace at the Contractor's expense the nonconforming technical data promptly; or

 

                    (ii)  If the Contracting Officer determines that the Government no longer has a requirement for correction or replacement of the data, or that the data can be more reasonably corrected by the Government, inform the Contractor by written notice that the Government elects a price or fee adjustment instead of correction or replacement.

 

              (2)  If the Contractor refuses or fails to comply with a direction under paragraph (d)(1)(i) of this clause, the Contracting Officer may, within a reasonable time of the refusal or failure—

 

                    (i)  By contract or otherwise, correct or replace the nonconforming technical data and charge the cost to the Contractor; or

 

                    (ii)  Elect a price or fee adjustment instead of correction or replacement.

 

              (3)  The remedies in this clause represent the only way to enforce the Government's rights under this clause.

 

      (e)  The provisions of this clause apply anew to that portion of any corrected or replaced technical data furnished to the Government under paragraph (d)(1)(i) of this clause.

 

(End of clause)

 

ALTERNATE I (DEC 1991)

As prescribed in 246.710(2), substitute the following for paragraph (d)(3) of the basic clause:

 

              (3)  In addition to the remedies under paragraphs (d)(1) and (2) of this clause, the Contractor shall be liable to the Government for all damages to the Government as a result of the breach of warranty.

 

                    (i)  The additional liability under paragraph (d)(3) of this clause shall not exceed 75 percent of the target profit.

 

                    (ii)  f the breach of the warranty is with respect to the data supplied by an equipment subcontractor, the limit of the Contractor's liability shall be—

 

                            (A)  Ten percent of the total subcontract price in a firm fixed price subcontract;

 

                            (B)  Seventy-five percent of the total subcontract fee in a cost-plus-fixed-fee or cost-plus-award-fee subcontract; or

 

                            (C)  Seventy-five percent of the total subcontract target profit or fee in a fixed-price or cost-plus-incentive-type contract.

 

                    (iii)  Damages due the Government under the provisions of this warranty are not an allowable cost.

 

                    (iv)  The additional liability in paragraph (d)(3) of this clause shall not apply—

 

                            (A)  With respect to the requirements for product drawings and associated lists, special inspection equipment (SIE) drawings and associated lists, special tooling drawings and associated lists, SIE operating instructions, SIE descriptive documentation, and SIE calibration procedures under MIL-T-31000, General Specification for Technical Data Packages, Amendment 1, or MIL-T-47500, General Specification for Technical Data Packages, Supp 1, or drawings and associated lists under level 2 or level 3 of MIL-D-1000A, Engineering and Associated Data Drawings, or DoD-D-1000B, Engineering and Associated Lists Drawings (Inactive for New Design) Amendment 4, Notice 1; or drawings and associated lists under category E or I of MIL-D-1000, Engineering and Associated Lists Drawings, provided that the data furnished by the Contractor was current, accurate at time of submission, and did not involve a significant omission of data necessary to comply with the requirements; or

 

                            (B)  To defects the Contractor discovers and gives written notice to the Government before the Government discovers the error.

 

ALTERNATE II (DEC 1991)

As prescribed at 246.710(3), substitute the following paragraph for paragraph (d)(3) of the basic clause:

 

              (3)  In addition to the remedies under paragraphs (d)(1) and (2) of this clause, the Contractor shall be liable to the Government for all damages to the Government as a result of the breach of the warranty.

 

                    (i)  The additional liability under paragraph (d)(3) of this clause shall not exceed ten percent of the total contract price.

 

                    (ii)  If the breach of the warranty is with respect to the data supplied by an equipment subcontractor, the limit of the Contractor's liability shall be—

 

                            (A)  Ten percent of the total subcontract price in a firm fixed-price subcontract;

 

                            (B)  Seventy-five percent of the total subcontract fee in a cost-plus-fixed-fee or cost-plus-award-fee subcontract; or

 

                            (C)  Seventy-five percent of the total subcontract target profit or fee in a fixed-price or cost-plus-incentive-type contract.

 

                    (iii)  The additional liability specified in paragraph (d)(3) of this clause shall not apply—

 

                            (A)  With respect to the requirements for product drawings and associated lists, special inspection equipment (SIE) drawings and associated lists, special tooling drawings and associated lists, SIE operating instructions, SIE descriptive documentation, and SIE calibration procedures under MIL-T-31000, General Specification for Technical Data Packages, Amendment 1, or MIL-T-47500, General Specification for Technical Data Packages, Supp 1, or drawings and associated lists under level 2 or level 3 of MIL-D-1000A, Engineering and Associated Data Drawings, or DoD-D-1000B, Engineering and Associated Lists Drawings (Inactive for New Design) Amendment 4, Notice 1; or drawings and associated lists under category E or I of MIL-D-1000, Engineering and Associated Lists Drawings, provided that the data furnished by the Contractor was current, accurate at time of submission, and did not involve a significant omission of data necessary to comply with the requirements; or

 

                            (B)  To defects the Contractor discovers and gives written notice to the Government before the Government discovers the error.

 

252.246-7002  Warranty of Construction (Germany).

As prescribed in 246.710(4), use the following clause:

 

WARRANTY OF CONSTRUCTION (GERMANY) (JUN 1997)

 

      (a)  In addition to any other representations in this contract, the Contractor warrants, except as provided in paragraph (j) of this clause, that the work performed under this contract conforms to the contract requirements and is free of any defect of equipment, material, or design furnished or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

 

      (b)  This warranty shall continue for the period(s) specified in Section 13, VOB, Part B, commencing from the date of final acceptance of the work under this contract.  If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for the period(s) specified in Section 13, VOB, Part B, from the date the Government takes possession.

 

      (c)  The Contractor shall remedy, at the Contractor’s expense, any failure to conform or any defect.  In addition, the Contractor shall remedy, at the Contractor’s expense, any damage to Government-owned or -controlled real or personal property when that damage is the result of¾

 

              (1)  The Contractor’s failure to conform to contract requirements; or

 

              (2)  Any defect of equipment, material, or design furnished or workmanship performed.

 

      (d)  The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause.

 

      (e)  The Contracting Officer shall notify the Contractor, in writing, within a reasonable period of time after the discovery of any failure, defect, or damage.

 

      (f)  If the Contractor fails to remedy any failure, defect, or damage within a reasonable period of time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

 

      (g)  With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall¾

 

              (1)  Obtain all warranties that would be given in normal commercial practice;

 

              (2)  Require all warranties to be executed in writing, for the benefit of the Government, if directed by the Contracting Officer; and

 

              (3)  Enforce all warranties for the benefit of the Government as directed by the Contracting Officer.

 

      (h)  In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.

 

      (i)  Unless a defect is caused by the Contractor’s negligence, or the negligence of a subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government or for the repair of any damage resulting from any defect in Government-furnished material or design.

 

      (j)  This warranty shall not limit the Government’s right under the Inspection clause of this contract, with respect to latent defects, gross mistakes, or fraud.

 

(End of clause)

 

252.246-7003  Notification of Potential Safety Issues.

As prescribed in 246.371(a), use the following clause:

 

NOTIFICATION OF POTENTIAL SAFETY ISSUES (JAN 2007)

 

      (a)  Definitions.  As used in this clause—

 

      “Credible information” means information that, considering its source and the surrounding circumstances, supports a reasonable belief that an event has occurred or will occur.

 

      “Critical safety item” means a part, subassembly, assembly, subsystem, installation equipment, or support equipment for a system that contains a characteristic, any failure, malfunction, or absence of which could have a safety impact.

 

      “Safety impact” means the occurrence of death, permanent total disability, permanent partial disability, or injury or occupational illness requiring hospitalization; loss of a weapon system; or property damage exceeding $1,000,000.

 

      “Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for the Contractor or another subcontractor under this contract.

 

      (b)  The Contractor shall provide notification, in accordance with paragraph (c) of this clause, of—

 

              (1)  All nonconformances for parts identified as critical safety items acquired by the Government under this contract; and

 

              (2)  All nonconformances or deficiencies that may result in a safety impact for systems, or subsystems, assemblies, subassemblies, or parts integral to a system, acquired by or serviced for the Government under this contract.

 

      (c)  The Contractor—

 

              (1)  Shall notify the Administrative Contracting Officer (ACO) and the Procuring Contracting Officer (PCO) as soon as practicable, but not later than 72 hours, after discovering or acquiring credible information concerning nonconformances and deficiencies described in paragraph (b) of this clause; and 

 

              (2)  Shall provide a written notification to the ACO and the PCO within 5 working days that includes—

 

                    (i)  A summary of the defect or nonconformance;

 

                    (ii)  A chronology of pertinent events;

 

                    (iii)  The identification of potentially affected items to the extent known at the time of notification;

 

                    (iv)  A point of contact to coordinate problem analysis and resolution; and

 

                     (v)  Any other relevant information.

 

      (d)  The Contractor—

 

              (1)  Is responsible for the notification of potential safety issues occurring with regard to an item furnished by any subcontractor; and

 

              (2)  Shall facilitate direct communication between the Government and the subcontractor as necessary.

 

      (e)  Notification of safety issues under this clause shall be considered neither an admission of responsibility nor a release of liability for the defect or its consequences.  This clause does not affect any right of the Government or the Contractor established elsewhere in this contract.

 

      (f)(1)  The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts for—

 

                    (i)  Parts identified as critical safety items;

 

                    (ii)  Systems and subsystems, assemblies, and subassemblies integral to a system; or

 

                    (iii)  Repair, maintenance, logistics support, or overhaul services for systems and subsystems, assemblies, subassemblies, and parts integral to a system.

 

              (2)  For those subcontracts described in paragraph (f)(1) of this clause, the Contractor shall require the subcontractor to provide the notification required by paragraph (c) of this clause to—

 

                    (i)  The Contractor or higher-tier subcontractor; and

 

                    (ii)  The ACO and the PCO, if the subcontractor is aware of the ACO and the PCO for the contract.

 

(End of clause)

 

 


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