As prescribed in 46.710(e)(1), the contracting officer may insert
a clause substantially as follows in solicitations and contracts
when a fixed-price construction contract (see 46.705(c)) is
contemplated, and the use of a warranty clause has been approved
under agency procedures:
Alternate I (APR 1984). If the Government specifies in the
contract the use of any equipment by 'brand name and model' the
contracting officer may add a paragraph substantially the same as the
following paragraph (k) to the basic clause:
WARRANTY OF CONSTRUCTION (APR 1984) ALTERNATE I
(a) In addition to any other warranties in this contract, the
Contractor warrants, except as provided in paragraph (j) of this
clause, that work performed under this contract conforms to the
contract requirements and is free of any defect in 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 a period of 1 year from the
date of final acceptance of the work. If the Government takes
possession of any part of the work before final acceptance, this
warranty shall continue for a period of 1 year 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 of--
(1) The Contractor's failure to conform to contract
(2) Any defect of equipment, material, workmanship, or design
(d) The Contractor shall restore any work damaged in fulfilling
the terms and conditions of this clause. The Contractor's warranty
with respect to work repaired or replaced will run for 1 year from
the date of repair or replacement.
(e) The Contracting Officer shall notify the Contractor, in
writing, within a reasonable 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 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 shall--
(1) Obtain all warranties that would be given in normal
(2) Require all warranties to be executed, in writing, for the
benefit of the Government, if directed by the Contracting Officer;
(3) Enforce all warranties for the benefit of the Government, if
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
(i) Unless a defect is caused by the negligence of the Contractor
or 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 nor for the repair of any damage that
results from any defect in Government-furnished material or design.
(j) This warranty shall not limit the Government's rights under
the Inspection and Acceptance clause of this contract with respect
to latent defects, gross mistakes, or fraud.
(k) Defects in design or manufacture of equipment specified by the
Government on a 'brand name and model' basis, shall not be included
in this warranty. In this event, the Contractor shall require any
subcontractors, manufacturers, or suppliers thereof to execute their
warranties, in writing, directly to the Government.
(End of clause)
(R 7-604.4 1976 JUL)
(AV 7-604.4(b) 1976 JUL)