TAR 1252.217-70.pdf
TAR Clause PDF 84 KB Posted
- Solicitation number
- 6933A225Q000008
About this file
The document is a federal contract clause (TAR 1252.217-70) titled "Guarantee" related to vessel repair work. The clause specifies that the contractor is responsible for correcting any defective work or materials within 60 days of vessel redelivery at their own expense, with the Contracting Officer having the authority to direct repairs. Key guarantee provisions include: (1) if the contractor or subcontractor has a longer guarantee period, the Government can rely on that extended timeframe, (2) for incomplete work items, the guarantee period starts from the date of item completion, and (3) the contractor's liability extends an additional 90 days for corrected defects. If repairs are impractical to return to the original contractor, the Contracting Officer may direct repairs elsewhere at the contractor's expense or negotiate an equitable contract price reduction.
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| Agency | Files |
|---|---|
| Department of Transportation Maritime Administration | 1 |
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Text version
TAR 1252.217-70 Guarantee.
As prescribed at (TAR) 48 CFR 1217.7001(a), insert the following clause:
GUARANTEE
(APR 2005)
(a) In the event any work performed or materials furnished by the contractor prove defective or deficient within 60 days from the date of redelivery of the vessel(s), the Contractor, as directed by the Contracting Officer and at its own expense, shall correct and repair the deficiency to the satisfaction of the Contracting Officer.
(b) If the Contractor or any subcontractor has a guarantee for work performed or materials furnished that exceeds the 60 day period, the Government shall be entitled to rely upon the longer guarantee until its expiration.
(c) With respect to any individual work item identified as incomplete at the time of redelivery of the vessel(s), the guarantee period shall run from the date the item is completed.
(d) If practicable, the Government shall give the Contractor an opportunity to correct the deficiency.
(1) If the Contracting Officer determines it is not practicable or is otherwise not advisable to return the vessel(s) to the Contractor, or the Contractor fails to proceed with the repairs promptly, the Contracting Officer may direct that the repairs be performed elsewhere, at the Contractor's expense.
(2) If correction and repairs are performed by other than the Contractor, the Contracting Officer may discharge the Contractor's liability by making an equitable deduction in the price of the contract.
(e) The Contractor's liability shall extend for an additional 90 day guarantee period on those defects or deficiencies that the Contractor corrected.
(f) At the option of the Contracting Officer, defects and deficiencies may be left uncorrected. In that event, the Contractor and Contracting Officer shall negotiate an equitable reduction in the contract price. Failure to agree upon an equitable reduction shall constitute a dispute under the Disputes clause of this contract.
(End of clause) https://www.transportation.gov/administrations/office-assistant-secretary-administration/part-1217-special-contracting-methods
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