D.C. Mun. Regs. r. 27-4029

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 27-4029 - WARRANTY TERMS AND CONDITIONS

4029.1

To facilitate the pricing and enforcement of warranties, the contracting officer shall ensure that each warranty clearly states the following:

(a) The exact nature of the item and its components and the characteristics that the contractor warrants;

(b) The extent of the contractor's warranty, including all of the contractor's obligations to the District for breach of warranty;

(c) The specific remedies available to the District; and

(d) The scope and duration of the warranty.

4029.2

The contractor's obligations under a warranty shall extend to all defects discovered during the warranty period, but shall not include any damage caused solely by the District.

4029.3

When the contracting officer determines that a warranty for the entire item is not in the best interests of the District, the contracting officer may require a warranty for a particular aspect of the item that may require special protection, such as installation, components, accessories, subassemblies, preservation, packaging, or packing.

4029.4

At a minimum, a warranty shall provide that the District may obtain an equitable adjustment of the contract or direct the contractor to repair or replace the defective item at the contractor's expense.

4029.5

If it is not practical to require the contractor to make a repair or provide a replacement, or, because of the nature of the item, the repair or replacement does not afford an appropriate remedy to the District, the warranty may provide an alternative, such as allowing the District to do either of the following:

(a) Retain the defective item and reduce the contract price by an amount equitable under the circumstances; or

(b) Arrange for the repair or replacement of the defective item by the District, or by another source, at the contractor's expense.

4029.6

The contracting officer shall clearly specify the duration of the warranty after consideration of the following factors:

(a) The estimated useful life of the item;

(b) The nature of the item including storage or shelf-like; and

(c) Trade practice.

4029.7

The duration of the warranty shall not extend the contractor's liability for patent defects beyond a reasonable time after acceptance by the District.

4029.8

If the District specifies the design of the end item and its measurements, tolerances, materials, tests, or inspection requirements, the contractor's obligations for correction of defects shall be limited to defects in material and workmanship or failure to conform to specifications. If the District does not specify the design, the warranty shall extend to the usefulness of the design.

4029.9

Each warranty shall specify a reasonable time for furnishing notice to the contractor regarding the discovery of defects. The contracting officer shall consider the following factors when establishing the notice period:

(a) The time necessary for the District to discover the defects;

(b) The time reasonably required for the District to take necessary administrative steps and make a timely report of discovery of the defects to the contractor; and

(c) The time required to discover and report defective replacements.

4029.10

The packaging and preservation requirements of a contract shall require the contractor to stamp or mark the goods delivered or otherwise furnish notice with the goods of the existence of the warranty.

D.C. Mun. Regs. r. 27-4029

Final Rulemaking published at 35 DCR 1727 (February 26, 1988)