AAWSAP Solicitation and Original Order, September 2008

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Contractor shall be
responsible for correction of defects that result from the modifications or
other work .
(3) If the Contracti ng Officer deter mines that a defect
exi sts in any of the supplies or services
accepted by the Government under this contract , t he Contracting Officer shall promptly notify
the Contractor of the defect, i n writing, withi n
Upon timely noti fication of the existence of
a defect, or if the Contractor independently discovers a defect i n accepted supplies or services,
the Contractor shall submit to the Cont racting Offi cer, i n writing, within
a r ecommendati on for
corrective actions , together with supporting information in sufficient detail for the Contracting
Officer to determine what corrective action, i f any, shall be undertaken .
(4 ) The Contractor shall promptly comply with a ny timely written direction from the Contracting
Officer to correct or partially correct a defect, at no increase i n the contract price .
(5) The Contractor shall also prepare and furnish to t he
Contracting Officer data and reports
applicable to any correction required under this clause (including revision and updating of all
other affected data called for under this contract ) at no increase i n the contract price .
(6 ) In the event of timely notice of a decision not to correct or only to partially correct ,
t he Contractor shall submit a technical and cost proposal within
to amend the contract to permit
acceptance of the affected supplies or services in accordance with the revised requirement , and
an equitable reduction in the contract price shall promptly be negotiated by the parties and be
reflected i n a supplemental agreement to t his contract .
(7) Any supplies or parts thereof corrected or furnished in
replacement and any services
reperformed shall also be
subject to the condi tions of thi s c l ause to the same extent as supplies
or services i nitially accepted. The
warranty, with respect to these supplies, parts, or services,
shall be equal i n duration t o that set forth in paragraph (b) (1) of t hi s c l ause, and shall run from
t he date of delivery of the corrected or replaced supplies .
(c) "Remedies avai l able to the Government ."
(1 ) The rights and remedies of the Government provided in this clause-­
(9) If the Government ret urns supplies to the Contractor for correction or replacement under this
clause, the Contractor s hall be liable for transportation charges up to an amount equal to the cost
of transportation by the usual commercial method of shipment from the place of del ivery specified
i n this contract (irrespective of the
f . o . b . point or the point of acceptance) to the
Contractor ' ' s
plant and return to the place of delivery specified i n this contract . The Contractor shall also bear
the responsibility for the supplies while in transit .
(10 ) All implied warranties of merchantability and "fitness for a particular purpose" are
excluded from any obligation under this contract .
(i) Shall not be affected in any way by any terms or conditions of this contract concerning the
conclusiveness of inspection and acceptance; and
(ii) Are i n addition to, and do not limit , any rights afforded to the Government by any other
clause of this contract .
(2) Within after recei pt of the Contractor ' ' s
recommendati ons for correcti ve acti on and adequate
supporting i nformation, t he Contracting Officer, using sole discretion, s hall give the Contractor
written
notice not t o correct a ny defect, or to correct or partially correct any defect withi n a
reasonable time at
(3) In no event shal l the Government be responsible for a ny extension or del ays in the scheduled
deliveries or periods of performance under this contract as a result of the Contractor ' ' s
obl igations t o correct defects, nor s hall there be any ad justment of the delivery schedule or peri od
of performance as a result of the correction of defects unless provided by a suppl emental agreement
with adequate consi deration .
(4 ) This clause shall not be construed as obligating t he
Government to increase t he contract
price .
( 5)
(C) Prepare and furnish data and reports as required by paragraph (b) (5) of this clause .
(i) The Contracting Officer shall give t he Contractor a
written notice specifying any failure
or refusal of the Contractor to-­
(A) Present a detailed recommendation for corrective action as required by paragraph (b) (3)
of this clause;
(B) Correct defects as directed under paragraph (bl (4) of t his clause; or
(ii) The notice shall specify a period of time fol lowing receipt of the notice by the
Contractor in which the Contractor must remedy the failure or refusal specified in t he notice .
(6) If the Contractor does not compl y wi th the Contracti ng Officer ' ' s written notice i n paragraph
(c ) (5) (i ) of this clause, the Contracting Officer may by contract or otherwise-­
(i) Obtain detailed recommendat ions for correct ive action
and either-­
(A) Correct the supplies or services ; or
(B) Replace t he supplies or services , and if the
Contract or fai ls to furnish t i mely
disposition instructions, the Contracting Offi cer may dispose of the nonconforming supplies for
the Contractor ' ' s account i n a r easonable manner, i n which case the
Government is enti tled to
reimbursement from the Contractor, or from the proceeds, for the reasonable expenses of care and
disposition, as well as for excess costs incurred or to be incurred;
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