Section 27-4027. CRITERIA FOR USE OF WARRANTIES

 

4027.1The contracting officer shall determine whether a warranty is appropriate for each specific procurement. If a warranty is appropriate, the contracting officer shall use a warranty clause, approved by the Director, consistent with the contractor's performance obligations under the contract.

 

4027.2In determining whether a warranty is appropriate for a specific procurement, the contracting officer shall consider the following factors:

 

(a)The nature and use of the goods, services, or construction such as complexity and function, degree of development, state of the art, end use, difficulty in detecting defects before acceptance, and potential harm to the District if the item is defective;

 

(b)Costs arising from the contractor's charge for accepting the deferred liability created by the warranty and the District's administration and enforcement of the warranty;

 

(c)The District's ability to enforce the warranty, and the assurance that an adequate administrative system for reporting defects exists or will be established;

 

(d)Whether there is the practice in the trade of customarily warranting the supply, service, or construction, and whether the cost of the supply, service, or construction will therefore be the same whether a warranty is included;

 

(e)The possible reduction of the District's quality assurance requirements where the warranty provides adequate assurance of a satisfactory product; and

 

(f)Any other factors that the contracting officer deems appropriate for the specific procurement.

 

source

Final Rulemaking published at 35 DCR 1726 (February 26, 1988).