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section46.709

Warranties of commercial products and commercial services

Overview

This section instructs Contracting Officers to leverage standard and extended commercial warranties for the repair or replacement of commercial products and services when it aligns with the government's best interests.

Key Rules

  • Utilization of Market Standards: Contracting officers are encouraged to use the warranties already offered by contractors in the commercial marketplace.
  • Inclusion of Extended Warranties: The guidance specifically includes the consideration of extended warranties beyond standard coverage.
  • Best Interest Standard: The decision to use these warranties must be based on whether it is "appropriate" and provides the best value or protection for the government.
  • Regulatory Alignment: This section directly complements FAR Part 12, which governs the acquisition of commercial products and commercial services.

Practical Implications

  • Real-world contracting for commercial items prioritizes existing manufacturer or vendor warranties over unique government-drafted warranty terms to simplify administration and reduce costs.
  • Contracting Officers must perform a cost-benefit analysis to determine if purchasing an extended warranty is more advantageous than paying for individual repairs or replacements later.

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