AFARS PART 46

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AFARS -- Part 46

Quality Assurance

June 1, 1996

Subpart 46.7 -- Warranties

46.702 -- General.

(c) See AR 700-139 for procedures on tracking and accumulating data on warranty costs.

46.770 -- Warranties in Weapon System Acquisitions.

46.770-1 -- Definitions.

(c) Authority to designate which features of a weapon system are its essential performance requirements and to subsequently modify or cancel such requirements is delegated to PEOs, for PEO-managed items, and to HCAs, for all other items. See Warranty Guidebook, published by the Defense Systems Management College, Fort Belvoir, VA 22060-5426, for information on selection of essential performance requirements.

46.770-5 -- Exemption for alternate source contractor(s).

The authority to grant exemptions is delegated to PEOs, for PEO-managed items, and to HCAs for all other items.

46.770-7 -- Cost-benefit analysis.

(c) Document the results of the analysis in the Price Negotiation Memorandum. If the contracting officer is uncertain that a cost-effective warranty can be obtained, and time does not permit performing further analysis, getting a waiver or making the required notifications, the contracting officer may award the contract if --

46.770-8 -- Waiver and notification procedures.

(b) Forward notification and reports through the same channels used to request a waiver. Forward notifications as soon as the decision to omit a warranty on essential performance requirements is made.

(c) Submit requests for waiver at least 45 calendar days prior to the anticipated award date. The contracting officer shall not award the contract until the waiver is approved and Congressional notification is made.

(S-90) Each request for waiver shall also include the following information:

(a) Description of the efforts made to negotiate a modified warranty, i.e., tradeoff of contractor liability or duration of warranty period to reduce cost.

(b) Identification of warranties obtained on individual components when the entire system is not under warranty. If warranties were not obtained, provide rationale.

(c) Actions taken to preclude waivers on future procurements.

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