Overview
FAR 46.708 establishes that the federal government does not use a universal standard for data warranties; instead, it delegates the creation and implementation of these requirements to individual executive agencies.
Key Rules
- Agency Deferral: The FAR does not provide a standard clause for data warranties; it mandates that such provisions be developed at the agency level.
- Regulatory Compliance: Any warranty pertaining to technical data must be used and structured specifically in accordance with the supplement regulations of the agency conducting the procurement.
Practical Implications
- Contractors must look to agency-specific supplements (such as the DFARS for Defense contracts) to understand their liability regarding technical data accuracy and conformance.
- Contracting Officers cannot rely on general FAR Part 46 language for data warranties and must instead ensure they are applying the correct agency-level clauses to protect the government's interest in technical documentation.