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.
252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military
Operations.
252.246-7000 Material Inspection and Receiving Report.
As prescribed in 246.370, use the following clause:
MATERIAL
INSPECTION AND RECEIVING REPORT (MAR 2008)
(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 (WAWF) electronic form (see paragraph (b) of the clause at
252.232-7003) fulfills the requirement for a material inspection and receiving
report (DD Form 250). Two
copies of the receiving report (paper copies of either the DD Form 250 or the
WAWF report) shall be distributed with the shipment, in accordance with
Appendix F, Part 4, F-401, Table 1, of the Defense FAR Supplement.
(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 (
As prescribed in 246.710(4), use
the following clause:
WARRANTY OF CONSTRUCTION (
(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)
252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations.
As prescribed in 246.270-4, use the following clause:
SAFETY OF FACILITIES, INFRASTRUCTURE, AND EQUIPMENT FOR
MILITARY OPERATIONS (OCT 2010)
(a) Definition. “Discipline Working Group,” as used in this clause, means representatives from the DoD Components, as defined in MIL-STD-3007F, who are responsible for the unification and maintenance of the Unified Facilities Criteria (UFC) documents for a particular discipline area.
(b) The Contractor shall ensure, consistent with the requirements of the applicable inspection clause in this contract, that the facilities, infrastructure, and equipment acquired, constructed, installed, repaired, maintained, or operated under this contract comply with Unified Facilities Criteria (UFC) 1-200-01 for—
(1) Fire protection;
(2) Structural integrity;
(3) Electrical systems;
(4) Plumbing;
(5) Water treatment;
(6) Waste disposal; and
(7) Telecommunications networks.
(c) The Contractor may apply a standard equivalent to or more stringent than UFC 1-200-01 upon a written determination of the acceptability of the standard by the Contracting Officer with the concurrence of the relevant Discipline Working Group.
(End of clause)