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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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31 sections with “warranties”

  • FAR 12.404 Warranties.
    (a) Implied 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…
  • FAR 46.709 Warranties of commercial products and commercial services.
    The contracting officer should take advantage of commercial warranties, including extended warranties, where appropriate and in the Government's best interests, offered by the contractor for the repair and replacement of commercial products…
  • DFARS 246.708 Warranties of data.
    Obtain warranties on technical data when practicable and cost effective. Consider the factors in FAR 46.703 in deciding whether to obtain warranties of technical data. Consider the following in deciding whether to use extended liability pro…
  • 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 46.708 Warranties of data.
    Warranties of data shall be developed and used in accordance with agency regulations.
  • DFARS 246.704 Authority for use of warranties.
    … (see 246.202-4); or (iv) Supplies and services in construction contracts when using the warranties that are contained in Federal, military, or construction guide specifications. (2) The chief of the contracting office shall approve the u…
  • FAR 46.704 Authority for use of warranties.
    The use of a warranty in an acquisition shall be approved in accordance with agency procedures.
  • 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 46.706 Warranty terms and conditions.
    (a) To facilitate the pricing and enforcement of warranties, the contracting officer shall ensure that warranties clearly state the— (1) Exact nature of the item and its components and characteristics that the contractor warrants; (2) Ext…
  • FAR 52.246-21 Warranty of Construction.
    …der agency procedures: Warranty of Construction (MAR 1994) (a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conf…
  • DFARS 252.246-7002 Warranty of construction (Germany).
    …medy 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 C…
  • FAR 52.246-17 Warranty of Supplies of a Noncomplex Nature.
    …all run from the date of delivery of the corrected or replaced supplies. (4) All implied warranties of merchantability and fitness for a particular purpose are excluded from any obligation contained in this contract. (c) Remedies availabl…
  • FAR 46.705 Limitations.
    (a) Except for the warranties in the clauses at 52.246-3, Inspection of Supplies—Cost-Reimbursement, and 52.246-8, Inspection of Research and Development—Cost-Reimbursement, the contracting officer shall not include warranties in cost-reimb…
  • FAR 52.246-19 Warranty of Systems and Equipment under Performance Specifications or Design Criteria.
    …y of Data, supplies also mean “data.” (b) Contractor's obligations. (1) The Contractor's warranties under this clause shall apply only to those defects discovered by either the Government or the Contractor ____ [Contracting Officer shall s…
  • FAR 7.105 Contents of written acquisition plans.
    …bility, maintainability, and quality assurance requirements, including any planned use of warranties (see part 46); (iii) The requirements for contractor data (including repurchase data) and data rights, their estimated cost, and the use t…
  • FAR 7.401 Acquisition considerations.
    …rn conditions and fees. (iii) Ability to swap out or exchange equipment. (iv) Available warranties. (v) Insurance, environmental, or licensing requirements. (vi) Potential for use of the equipment by other agencies after its use by the …
  • FAR 10.001 Policy.
    …upporting commercial products or commercial services, such as type of contract, terms for warranties, buyer financing, maintenance and packaging, and marking; (v) Ensure maximum practicable use of sustainable products and services (as defi…
  • FAR 12.302 Tailoring of provisions and clauses for the acquisition of commercial products and commercial services.
    …ed contract (such as options, ordering procedures for indefinite-delivery type contracts, warranties, contract financing arrangements, etc.).
  • FAR 45.106 Transferring accountability.
    …l property shall be considered Government-furnished property to the gaining contract. The warranties of suitability of use and timely delivery of Government-furnished property do not apply to property acquired or fabricated by the contracto…
  • FAR 46.710 Contract clauses.
    …licitations 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 influence the warranty terms and conditi…
  • FAR 46.801 Applicability.
    …ervices; and (4) Maintenance and rehabilitation of real property. (b) See subpart 46.7, Warranties, for policies and procedures concerning contractor liability caused by nonconforming technical data.
  • FAR 49.603-1 Fixed-price contracts—complete termination.
    … parties, arising under the contract or otherwise, and concerning defects, guarantees, or warranties relating to any articles or component parts furnished to the Government by the Contractor under the contract or this agreement. (vi) All r…
  • FAR 49.603-2 Fixed-price contracts—partial termination.
    … parties, arising under the contract or otherwise, and concerning defects, guarantees, or warranties relating to any articles or component parts furnished to the Government by the Contractor under the contract or this agreement. (vi) All r…
  • FAR 49.603-3 Cost-reimbursement contracts—complete termination, if settlement includes cost.
    … parties, arising under the contract or otherwise, and concerning defects, guarantees, or warranties relating to any articles or component parts furnished to the Government by the Contractor under the contract or this agreement. (vi) All r…
  • FAR 49.603-4 Cost-reimbursement contracts—complete termination, with settlement limited to fee.
    … parties, arising under the contract or otherwise, and concerning defects, guarantees, or warranties relating to any articles or component parts furnished to the Government by the Contractor under the contract or this agreement. (v) All ri…
  • FAR 52.245-1 Government Property.
    …all furnish related data and information needed for the intended use of the property. The warranties of suitability of use and timely delivery of Government-furnished property do not apply to property acquired or fabricated by the Contracto…
  • FAR 52.246-18 Warranty of Supplies of a Complex Nature.
    … point or the point of acceptance) to the Contractor's plant and return. (6) All implied warranties of merchantability and fitness for a particular purpose are excluded from any obligation contained in this contract. (c) Remedies availabl…
  • DFARS 215.404-1 Proposal analysis techniques.
    …government, distributor, retail end-user, etc.), and related agreements. It also includes warranties, key product technical specifications, maintenance agreements, and preferred customer rewards. (vi) The contracting officer shall consider…
  • DFARS 225.7304 FMS customer involvement.
    …ly notice, the contracting officer may attempt to obtain any special contract provisions, warranties, or other unique requirements requested by the FMS customer). (g) Do not honor any requests by the FMS customer to reject any bid or propo…
  • DFARS 227.7203-14 Conformity, acceptance, and warranty of computer software and computer software documentation.
    … not contain an inspection clause providing remedies for nonconforming deliverables. (2) Warranties—(i) Weapon systems. Computer software that is a component of a weapon system or major subsystem should be warranted as part of the weapon s…
  • DFARS 246.705 Limitations.
    (a) In addition to the exceptions provided in FAR 46.705(a), warranties in the clause at 252.246-7001, Warranty of Data, may be used in cost-reimbursement contracts.

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.