AAWSAP Solicitation and Original Order, September 2008

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event that correcti on or replacement has been directed, the Contractor shall promptly notify the
Contracting
Officer, in writing, of t he nonavailability .
(4 ) The Contractor shall a l so prepare and furnish to the Government data and reports appli cable
to any correction required (including revision and updating of all affected data called for under
thi s contract ) at no increase i n the contract price .
(5 ) When supplies are returned to the Contractor, the
Contractor shall bear t he transportation
cost s f r om the place of del ivery specified in the contract
(i rrespecti ve of the f . o .b . poi nt or the
poi nt of acceptance) to the Contractor ' ' s plant and return .
(6) All implied warranti es of merchantabil ity and "fitness for a particular purpose" are excluded
from a ny
obligation contained in this contract .
(c ) "Remedies available to the Government ."
(1 ) In the event of a breach of the Contractor ' ' s warranty in paragraph (b ) (1) of this clause,
the Government may, at no i ncrease in contract price-­
(ii ) Require the Contractor to furnish at the Contractor ' ' s plant the materials or parts and
installation instructions required to successfully accomplish the correction .
(2) If the Contracting Officer does not require correction or replacement of defective or
nonconforming suppl ies or the Contractor i s not obligated to correct or replace under paragraph
(b) (3) of this clause, the Government shall be entitled to an equitable reduction in the contract
price .
(3 ) The Contracting Officer shal l notify the Contractor in writing of any breach of the warranty
in paragraph (b) of thi s c l ause within The Contractor shal l
submi t to the Contracting Officer
a written recommendation within as to the corrective action required to remedy t he breach . After
the notice of breach, but not later than after recei pt of the Cont ractor ' ' s recommendati on for
corrective action, the Contracting Officer may, i n writing, direct correction or replacement as
i n paragraph (c) (1 ) of thi s clause, and the Contractor shal l , notwi thstandi ng any disagreement
regarding the existence of a breach of warranty, comply with this direction . If it is l ater
determined that the Contractor did not breach the warranty in paragraph (b) (1 ) of thi s clause , the
contract price will be equitably adjusted .
(4 ) If supplies are corrected or replaced, the period for
notification of a breach of the
Contractor ' ' s warranty in paragraph (c ) (3 ) of this clause shall be
from t he furnishing or return
by the Contractor to t he Government of the corrected or replaced s uppli es or parts thereof,
or, if
correction or replacement is effected by the Contractor at a Government or other activity, for
thereafter.
(5) The rights and remedies of the Government provide d in this clause are in addition to and do
not limit any rights afforded to the Government by any other clause of the contract .
(i) Require t he Contractor, at the place of delivery specified in the contract (irrespective of
the f . o .b . point or the poi nt of acceptance) or at the Contractor ' ' s plant , to repair or replace, at
t he
Contractor ' ' selection, defective or nonconforming
supplies; or
(End of Cl ause)
I . 63
52 . 246-19
WARRANTY OF SYSTEMS AND EQUIPMENT UNDER PERFORMANCE SPECIFICATIONS OR DESIGN CRITERIA
(MAR 2001 )
(a) "Defi nitions ." As used in thi s c l ause-­
"Acceptance" means the act of an authorized representative of
t he Government by which t he
Government assumes for itsel f , or as an agent of another, owner shi p of existi ng and i denti fied
supplies, or approves specific services rendered, as partial or
compl ete performance of the
cont ract .
"Defect" means any condition or characteri stic in any supplies or services furnished by the
Contractor under t he contract that is not in compliance wi th the requi rements of the contract .
"Suppl ies " means the end items furnished by the Contractor and related services required under t his
contract . Except when this contract includes the clause entitl e d Warranty of Data, supplies also
means "data . "
(b) "Contractor ' ' s obligations ."
(1 ) The Contractor ' ' s warranties under this clause shall apply only to those defe cts discovered by
either the Government or the Contractor
(2) If the Contractor becomes aware at any time before acceptance by t he Government (whether
before or after tender to the Government ) that a defect exists in any supplies or services, the
Contractor shall-­
(i) Promptly correct the defect ; or
(ii ) Promptly notify the Contracting Officer, in writing,
of the defect, using t he same
procedures prescribed i n paragraph (b) (3) of this clause .
(8 ) The Contractor shall not be responsible under this clause for the correction of defects i n
Government- furnished pr operty, except for defects i n
i nstallation, unl ess the Contractor perfor ms,
or is obligated to perform, any modifications or other work on such property . In that event, the
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