(1) A warranty clause may be used when it is found to be in the best interests of the Government, after an analysis of the factors listed in 1846.703-70 and
FAR 46.703.
(2) Except for the warranty of commercial items (see
FAR 12.404 and
46.709), and warranties contained in Federal, military, or construction specifications, the decision to use a warranty clause or to include a warranty provision in a specification other than a Federal, military, or construction specification shall be made only upon the written authorization of the procurement officer or a designee. This decision may be made either for individual acquisitions or classes of acquisitions.
(3) Warranties required by applicable architect-engineer specifications shall be included in construction contracts.
