Project Name
Project No. ___________
UFC 4-721-11.1, UEPH Complexes, 26 Nov 01
(1) The Contractor's failure to conform to contract requirements; or
(2) Any defect of equipment, material, or workmanship.
(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause.
The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of
repair or replacement.
(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the
discovery of any failure, defect, or damage.
(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt
of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect,
or damage at the Contractor's expense.
(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers
for work performed and materials furnished under this contract, the Contractor shall--
(1) Obtain all warranties that would be given in normal commercial practice:
(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the
Contracting Officer; and
(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.
(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the
Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's
warranty.
(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier,
the Contractor shall not be liable for the repair of any defects of material furnished by the Government nor
for the repair of any damage that results from any defect in Government-furnished material or design.
(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of
this contract with respect to latent defects, gross mistakes, or fraud.
(End of Clause)
SEQUENCE OF DESIGN/BUILD CONSTRUCTION
This SCR may also be referred to as "Sequence of Work". Two different Special Contract Requirements
were developed to address this issue. Use the first SCR when all design or most of the design must be
completed prior to allowing construction to begin. Use the second SCR when allowing "fast-track" design-
build. Fast track is a term used to describe design and construction sequencing when the D-B
incrementally completes and submits portions of the design, in "design packages", for Government
review. Once the Government completes its review and all review comments are resolved, the ACO/COR
will clear that design package for construction . Thus, in fast track design-build, design and construction
can proceed concurrently.
The D-B RFP will include only one of the two SCR's.
This information can also be alternately be
addressed in Section 01012- "DESIGN AFTER AWARD".
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