HSAR 3052.217-100 Guarantee (USCG). Basic (Jun 2006) (Current)

The clause at (HSAR) 48 CFR 3052.217-100, Guarantee, shall be used where general guarantee provisions are deemed desirable by the contracting officer. 

(1) When inspection and acceptance tests will afford full protection to the Government in ascertaining conformance to specifications and the absence of defects and deficiencies, no guarantee clause for that purpose shall be included in the contract. 

(2) The customary guarantee period, to be inserted in the first sentence of the clause at (HSAR) 48 CFR 3052.217-100, Guarantee, is 60 days. However, in certain instances, the contracting officer may desire to include a clause in a contract for a guarantee period of more than 60 days. In such instances: 

(i) Where, after full inquiry, it has been determined that such longer guarantee period will not involve increased costs, a longer guarantee period may be substituted by the contracting officer for the usual 60 days; or

(ii) Where the full inquiry discloses that such longer guarantee period will involve, or is reasonably expected to involve, increased costs, such facts and the reasons for the need for such longer period shall be set forth in letter form to the COCO, requesting approval for use of guarantee period in excess of 60 days. Upon approval, the longer period may be inserted by the contracting officer in the first sentence of the clause at (HSAR) 48 CFR 3052.217-100, Guarantee.

GUARANTEE (JUN 2006) 

(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 60-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)

NONE

Prime’s Interest;
Vessels Repair ✔ 

52.209-1 Qualification Requirements.

52.212-4 Contract Terms and Conditions—Commercial Items.

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items).

52.246-1 Contractor Inspection Requirements.

52.246-11 Higher-Level Contract Quality Requirement.

52.246-12 Inspection of Construction.

52.246-13 Inspection—Dismantling, Demolition, or Removal of Improvements.

52.246-14 Inspection of Transportation.

52.246-15 Certificate of Conformance.

52.246-16 Responsibility for Supplies.

52.246-2 Inspection of Supplies—Fixed-Price.

52.246-3 Inspection of Supplies—Cost-Reimbursement.

52.246-4 Inspection of Services—Fixed-Price.

52.246-5 Inspection of Services—Cost-Reimbursement.

52.246-6 Inspection—Time-and-Material and Labor-Hour.

52.246-7 Inspection of Research and Development—Fixed-Price.

52.246-8 Inspection of Research and Development—Cost-Reimbursement.

52.246-9 Inspection of Research and Development (Short Form).

52.247-4 Inspection of Shipping and Receiving Facilities.

52.204-26 Covered Telecommunications Equipment or Services—Representation.

52.246-26 Reporting Nonconforming Items.

252.215-7015 Program Should-Cost Review.

252.217-7005 Inspection and Manner of Doing Work.

252.228-7005 Mishap Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles.

252.239-7000 Protection Against Compromising Emanations.

1852.246-71 Government Contract Quality Assurance.

1852.246-72 Material Inspection and Receiving Report.

5252.246-9512 INSPECTION AND ACCEPTANCE (NAVAIR)(OCT 2005)

5252.246-9514 INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995)

5252.246-9503 Significance of Systems Engineering Technical Reviews Required under this Contract (NAVAIR)

3052.217-92 Inspection and manner of doing work (USCG).

3052.217-96 Title (USCG).

5152.236-5900 Electrical and Structural Building Standards for Construction Projects

552.211-70 Substantial Completion.

552.212-4 Contract Terms and Conditions—Commercial Items (FAR DEVIATION).

552.246-70 Source Inspection by Quality Approved Manufacturer.

552.236-11 Use and Possession Prior to Completion.

552.236-6 Superintendence by the Contractor.

552.236-15 Schedules for Construction Contracts.

552.236-21 Specifications and Drawings for Construction.

552.238-95 Separate Charge for Performance Oriented Packaging (POP).

552.238-96 Separate Charge for Delivery within Consignee's Premises.

552.238-100 Transshipments.

552.238-109 Authentication Supplies and Services.

552.238-110 Commercial Satellite Communication (COMSATCOM) Services.

970.5204-3 Access to and ownership of records.

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