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DSCR

DSCR I237A: WARRANTY OF DATA

I237A   52.246-9G15   WARRANTY OF DATA   DSCR (JAN 1996)
AND
I46F34

    (a)  Definition.  Technical Data as used in this clause, 
means recorded information, regardless of the form or method of 
the recording of a scientific or technical nature (including 
computer software documentation).  The term does not include 
computer software or data incidental to contract administration, 
such as financial and/or management information.

    (b)  Warranty.

         (1)  Notwithstanding inspection and acceptance by the 
Government of the technical data package furnished under this 
contract and notwithstanding any provision of this contract 
concerning the conclusiveness thereof, the Contractor warrants 
the technical package as delivered will, without any additional 
data, be adequate to enable any competent manufacturer to produce 
the item without resort or the need for additional design effort or 
require any additional data from the contractor.

         (2)  The Contractor also warrants the technical data 
package does not require the incorporation of any product made 
solely by the Contractor and the data includes, in addition, all 
other necessary information, a complete description of and the 
right to use by or for the government, any manufacturing processes 
identified in the technical data package which are not common 
industry practices.

         (3)  The Contractor further warrants all technical data 
delivered under this contract will at the time of delivery conform 
with the specifications and all other requirements of this contract.

         (4)  The warranty shall remain in effect until the 
first production Contractor has manufactured and tested items 
in accordance with the technical data package provided by the 
Contractor and the items accepted by the Government or three 
years, whichever occurs first.  The production Contractor shall 
be the first Contractor to manufacture and sell the items to the 
Government under contract using the technical data package 
furnished by the Contractor under this contract.  Years shall be 
computed from the date of Government acceptance of the technical 
data package as indicated by the Government's execution of a DD250 
or other form clearly expressing acceptance.

    (c)  Notification

         (1)  The Contractor agrees to notify the Contracting 
Officer in writing immediately of any breach of the above warranty 
which the Contractor discovers within the warranty period.

         (2)  The Contracting Officer shall give written notice to 
the Contractor of any breach of warranty in this clause within 90 
days after discovery of a defect.

    (d)  Remedies.  The following remedies shall apply to all breaches 
of the above warranty provided the government notifies the Contractor 
of the breach in writing within period stated in paragraph (c)(2):

         (1)  Within 30 days after the Contracting Officer 
notifies the Contractor of a breach of warranty, the Contracting 
Officer may by written notice, direct the Contractor to correct or 
replace at the Contractor's expense the nonconforming technical data 
package.

         (2)  If the Contractor refuses or fails to comply with 
the direction under (d)(1) above, the Contracting Officer may, 
within 90 days of such refusal or failure, by contract or otherwise, 
correct or replace the nonconforming technical data package and 
charge the Contractor the cost occasioned to the Government thereby.
    (e)  Additional Liabilities.  In addition to the remedies under 
paragraph (d)(1) and (2) of this clause, the Contractor shall be 
liable to the Government for all damages to the Government as a 
result of the breach of warranty.