48 CFR · Federal Acquisition Regulation and Defense supplement

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The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

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63 sections with “Warranty”: the first 40

  • FAR 46.706 Warranty terms and conditions.
    …ponents and characteristics that the contractor warrants; (2) Extent of the contractor's warranty including all of the contractor's obligations to the Government for breach of warranty; (3) Specific remedies available to the Government; a…
  • FAR 52.246-17 Warranty of Supplies of a Noncomplex Nature.
    As prescribed in 46.710(a)(1), insert a clause substantially as follows: Warranty of Supplies of a Noncomplex Nature (JUN 2003) (a) Definitions. As used in this clause— Acceptance means the act of an authorized representative of the Gove…
  • FAR 52.246-18 Warranty of Supplies of a Complex Nature.
    As prescribed in 46.710(b)(1), insert a clause substantially as follows: Warranty of Supplies of a Complex Nature (MAY 2001) (a) Definitions. As used in this clause— Acceptance means the act of an authorized representative of the Governm…
  • FAR 52.246-19 Warranty of Systems and Equipment under Performance Specifications or Design Criteria.
    …d in 46.710(c)(1), the contracting officer may insert a clause substantially as follows: Warranty of Systems and Equipment Under Performance Specifications or Design Criteria (MAY 2001) (a) Definitions. As used in this clause— Acceptance…
  • FAR 52.246-21 Warranty of Construction.
    …hen a fixed-price construction contract (see 46.705(c)) is contemplated, and the use of a warranty clause has been approved under agency procedures: Warranty of Construction (MAR 1994) (a) In addition to any other warranties in this contr…
  • DFARS 227.7103-14 Conformity, acceptance, and warranty of technical data.
    …tent with the terms of the clause, pending correction of the nonconforming markings. (c) Warranty. (1) The intended use of the technical data and the cost, if any, to obtain the warranty should be considered before deciding to obtain a dat…
  • DFARS 227.7203-14 Conformity, acceptance, and warranty of computer software and computer software documentation.
    …nt of a weapon system or major subsystem should be warranted as part of the weapon system warranty. Follow the procedures at 246.7. (ii) Non-weapon systems. Approval of the chief of the contracting office must be obtained to use a computer…
  • DFARS 252.246-7001 Warranty of data.
    Basic. As prescribed in 246.710(1) and (1)(i), use the following clause: Warranty of Data—Basic (MAR 2014) (a) Definition—Technical data has the same meaning as given in the clause in this contract entitled, Rights in Technical Data and C…
  • DFARS 252.246-7002 Warranty of construction (Germany).
    As prescribed in 246.710(2), use the following clause: Warranty of Construction (Germany) (JUN 1997) (a) In addition to any other representations in this contract, the Contractor warrants, except as provided in paragraph (j) of this claus…
  • DFARS 252.246-7005 Notice of Warranty Tracking of Serialized Items.
    As prescribed in 246.710(3)(i), use the following provision: Notice of Warranty Tracking of Serialized Items (MAR 2016) (a) Definitions. Duration, enterprise, enterprise identifier, fixed expiration, item type, serialized item, starting e…
  • DFARS 252.246-7006 Warranty Tracking of Serialized Items.
    As prescribed in 246.710(3)(ii), use the following clause: Warranty Tracking of Serialized Items (MAR 2016) (a) Definitions. As used in this clause— Duration means the warranty period. This period may be a stated period of time, amount o…
  • FAR 31.205-39 Service and warranty costs.
    Service and warranty costs include those arising from fulfillment of any contractual obligation of a contractor to provide services such as installation, training, correcting defects in the products, replacing defective parts, and making re…
  • FAR 52.246-20 Warranty of Services.
    As prescribed in 46.710(d), insert a clause substantially as follows: Warranty of Services (MAY 2001) (a) Definitions. Acceptance, as used in this clause, means the act of an authorized representative of the Government by which the Govern…
  • DFARS 246.706 Warranty terms and conditions.
    … Storage, and MIL-STD-130, Identification Marking of U.S. Military Property, when marking warranty items.
  • DFARS 246.710-70 Warranty attachments.
    Follow the procedures at PGI 246.710-70 regarding warranty attachments.
  • FAR 12.404 Warranties.
    …lied warranties. The Government's post award rights contained in 52.212-4 are the implied warranty of merchantability, the implied warranty of fitness for particular purpose and the remedies contained in the acceptance paragraph. (1) The i…
  • FAR 46.703 Criteria for use of warranties.
    The use of warranties is not mandatory. In determining whether a warranty is appropriate for a specific acquisition, the contracting officer shall consider the following factors: (a) Nature and use of the supplies or services. This include…
  • FAR 46.710 Contract clauses.
    …cribed in this section may be used in solicitations and contracts in which inclusion of a warranty is appropriate (see 46.709 for warranties for commercial products and commercial services). However, because of the many situations that may …
  • DFARS 246.702-70 Definitions.
    As used in this subpart— Acceptance as used in this subpart and in the warranty clauses at FAR 52.246-17, Warranty of Supplies of a Noncomplex Nature; FAR 52.246-18, Warranty of Supplies of a Complex Nature; FAR 52.246-19, Warranty of Syst…
  • DFARS 246.710 Contract clauses.
    …bstantially the same as the basic or one of the alternates of the clause at 252.246-7001, Warranty of Data, in solicitations and contracts that include the clause at 252.227-7013, Rights in Technical Data and Computer Software, when there i…
  • FAR 46.702 General.
    (a) The principal purposes of a warranty in a Government contract are (1) to delineate the rights and obligations of the contractor and the Government for defective items and services and (2) to foster quality performance. (b) Generally, a…
  • FAR 46.705 Limitations.
    …ent contracts, unless authorized in accordance with agency regulations (see 46.708). (b) Warranty clauses shall not limit the Government's rights under an inspection clause (see subpart 46.3) in relation to latent defects, fraud, or gross …
  • FAR 46.707 Pricing aspects of fixed-price incentive contract warranties.
    If a fixed-price incentive contract contains a warranty (see 46.708), the estimated cost of the warranty to the contractor should be considered in establishing the incentive target price and the ceiling price of the contract. All costs incu…
  • FAR 3.402 Statutory requirements.
    …permitted certain exceptions. These statutes— (a) Require in every negotiated contract a warranty by the contractor against contingent fees; (b) Permit, as an exception to the warranty, contingent fee arrangements between contractors and …
  • DFARS 246.704 Authority for use of warranties.
    (1) The chief of the contracting office must approve use of a warranty, except in acquisitions for— (i) Commercial products or commercial services (see FAR 46.709); (ii) Technical data, unless the warranty provides for extended liability …
  • DFARS 252.245-7005 Management and Reporting of Government Property.
    …2024) (a) Definitions. As used in this clause— As is means that the Government makes no warranty with respect to the serviceability and/or suitability of the Government property for contract performance and that the Government will not pa…
  • FAR 28.203-3 Release of security interest.
    …ined for the later of— (i) 1 year following final payment; (ii) Until completion of any warranty period (applicable only to performance bonds); or (iii) Pending resolution of all claims filed against the payment bond during the 1 year pe…
  • FAR 28.204-3 Irrevocable letter of credit.
    … expected date of final payment; (B) For performance bonds only, until completion of any warranty period; or (C) For payment bonds only, until resolution of all claims filed against the payment bond during the one-year period following fi…
  • FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
    …on acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described…
  • FAR 52.219-9 Small Business Subcontracting Plan.
    … bank fees; fines, claims, and dues; original equipment manufacturer relationships during warranty periods (negotiated up front with the product); utilities and other services purchased from a municipality or an entity solely authorized by …
  • FAR 52.228-11 Individual Surety—Pledge of Assets.
    …rk of the Federal Government exceeding $150,000 (40 U.S.C. 3131). Until completion of any warranty period, or for 1 year following final payment, whichever is later. (2) Contracts subject to alternative payment protection (see FAR 28.102-1…
  • FAR 52.228-14 Irrevocable Letter of Credit.
    … expected date of final payment; (B) For performance bonds only, until completion of any warranty period; or (C) For payment bonds only, until resolution of all claims filed against the payment bond during the one-year period following fi…
  • DFARS 215.404-71-2 Performance risk.
    … Performance specifications and tolerances; (v) Delivery schedule; and (vi) Extent of a warranty or guarantee. (2) Above normal conditions. (i) The contracting officer may assign a higher than normal value in those cases where there is a…
  • DFARS 252.211-7003 Item Unique Identification and Valuation.
    …) (iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ____. (iv) Any item o…
  • DFARS 252.239-7000 Protection against compromising emanations.
    … to the award of this contract. (d) Unless otherwise provided in this contract under the Warranty of Supplies or Warranty of Systems and Equipment clause, the Contractor shall correct or replace accepted information technology found to be …
  • FAR 2.101 Definitions.
    … Organization for Standardization (ISO) and ASTM-International). See OMB Circular A-119. Warranty means a promise or affirmation given by a contractor to the Government regarding the nature, usefulness, or condition of the supplies or perf…
  • FAR 8.405-1 Ordering procedures for supplies, and services not requiring a statement of work.
    … (4) Probable life of the item selected as compared with that of a comparable item. (5) Warranty considerations. (6) Maintenance availability. (7) Environmental and energy efficiency considerations. (8) Delivery terms. (g) Minimum doc…
  • FAR 8.405-3 Blanket purchase agreements (BPAs).
    … (iv) Probable life of the item selected as compared with that of a comparable item. (v) Warranty considerations. (vi) Maintenance availability. (vii) Environmental and energy efficiency considerations. (viii) Delivery terms. (3)(i) Th…
  • FAR 10.002 Procedures.
    …rvices to meet customer needs and associated costs; (iii) Customary practices, including warranty, buyer financing, discounts, contract type considering the nature and risk associated with the requirement, etc., under which commercial sale…
  • FAR 12.209 Determination of price reasonableness.
    … by factors that include, but are not limited to, speed of delivery, length and extent of warranty, limitations of seller's liability, quantities ordered, length of the performance period, and specific performance requirements. The contract…

FAR (chapter 1)

DFARS (chapter 2, Defense)

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Rule changes in progress: FAR, DFARS. Terms: glossary.