AAWSAP Solicitation and Original Order, September 2008

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(g) If the c l aim by t he Contractor is submitted to the
Contracting Officer or a claim by t he
Government is presented to the Contractor, t he parties , by mutual consent , may agree to use
alternative dispute resolution (ADR) . I f the Contractor refuses
an offer for ADR, the Contractor
s hall inform t he Contracting
Officer, in writing, of the Contractor ' ' s specific reasons for
re jecti ng the offer .
(h) The Government s hall pay i nterest on the amount found due
and unpaid from
(1 ) t he date that the Contracting Officer receives the claim (certified, if required) ; or
(2 ) the date that payment otherwise would be due, i f t hat date is l ater, until the date of
payment .
With regard to clai ms having defective certifications , as defined in FAR 33.201 ,
interest
s hall be paid from the date that the Contracting Officer i niti ally receives the c l aim. Simple
i nterest on
clai ms shall be paid at t he rate, fixed by t he Secretary of the Treasury a s provided
i n the Act , which i s applicable to the period during which the Contracting Officer receives the claim
and then at the rate appli cable for each 6-month period as fixed by the Treasury Secretary during
the pendency of t he clai m.
(i) The Contractor s hall proceed diligently with performance of this contract , pending final
resolution of any request for relief,
claim, appeal, or action arising under the contract, and
comply
with any decision of t he Contracting Officer .
(End of Cl ause)
I . 60
52 . 242- 10
( 52 . 242- 10) [RESERVED]
I . 61
52 . 246-17
WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003 )
(a ) "Defini t ions ." As used i n this clause-­
"Acceptance" means the act of an authorized representative of the Government by which the
Governme nt assumes for itself, or as an agent of another, ownership of existing supplies, or
approves
speci fic services as partial or compl ete performance of the
contract .
"Supplies " means the end items furnishe d by t he Contractor and related services required under t he
contract . The word does not
incl ude "dat a ."
(b) "Contractor ' ' s obligations . "
(1 ) Not withstanding inspecti on and acceptance by the
Government of supplies furnished under this
contract, or any condition of this contract concerning the
conclusiveness thereof, t he Contractor
warrant s that for
(i ) All supplies furnished under this contract will be free from defects in material or
workmanship and will
conform with a l l requirements of t h is contract; and
(ii ) The preservation , packagi ng, packing, and marking, and the preparation for, and method of,
shi pment of such
supplies wi ll conform with the requirements of t his contract .
(2) When return, corr ection, or repl acement is required,
transportation charges and
responsibility for the supplies while i n transit shall be borne by the Contractor .
However, the
Contractor ' ' s l iabi lity for the t ransportation charges shal l not exceed an amount e qual to t he cost
of t ransportat i on by t he usual commercial method of s hipment between the place of delivery specified
i n this contract and the Contractor ' ' s pl ant, and return .
(3 ) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall
also be subject to the terms of t hi s clause to the same extent as supplies initially delivered .
The warranty, with respect to supplies or parts t hereof, shall be equal i n duration to that in
paragraph (b) (1) of this clause and s hall run
from the date of delivery of the corrected or replaced
s upplies .
(4 ) Al l impl ied warranties of merchantability a nd "fitness for a particular purpose " are excluded
from any
obligation contai ned in this contract .
(c ) "Remedies availabl e to t he Government . "
(1 ) The Contracting Offi cer shal l gi ve written notice to the Contractor of any breach of
warranties in paragraph (b ) (1) of this clause within
(2) Within a reasonabl e t i me after the notice, the Contracti ng Officer may either-­
(i) If t he contract provides for i nspection of supplies by sampling procedures , conformance of
suppl ies or
components subject to warranty act ion shall be determined by t he applicabl e sampling
procedures in the contract . The Contracting Officer-­
(i) Require, by written notice, t he prompt correction or replacement of any suppl ies or parts
t hereof (including preservat ion , packaging, packing, and ma rking) that do not conform with the
requirements of this contract
within the meaning of paragraph (b ) (1) of t his clause;
or
(ii ) Retain such supplies and reduce the contract pr i ce by
an amount equitable under t he
circumstances .
( 3 )
(A) May, for sampling purposes, group any s upplies delivered under this contract ;
(B) Shall require t he size of t he sample to be that required by sampling procedures specified
i n the contract for t he quantity of !j:,;1:fcftH s6Fo59 WjQ~M902-'dg.{f.6\l½Y action is proposed;