[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR635.413]

[Page 182-183]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 635_CONSTRUCTION AND MAINTENANCE--Table of Contents
 
                 Subpart D_General Material Requirements
 
Sec. 635.413  Guaranty and warranty clauses.

    The STD may include warranty provisions in National Highway System 
(NHS) construction contracts in accordance with the following:
    (a) Warranty provisions shall be for a specific construction product 
or feature. Items of maintenance not eligible for Federal participation 
shall not be covered.
    (b) All warranty requirements and subsequent revisions shall be 
submitted to the Division Administrator for advance approval.
    (c) No warranty requirement shall be approved which, in the judgment 
of the Division Administrator, may place an undue obligation on the 
contractor for items over which the contractor has no control.
    (d) A STD may follow its own procedures regarding the inclusion of 
warranty provisions in non-NHS Federal-aid contracts.
    (e) In the case of a design-build project, the following 
requirements will apply instead of paragraphs (a) through (d) of this 
section.
    (1) General project warranties may be used on NHS projects, 
provided:
    (i) The term of the warranty is short (generally one to two years);
    (ii) The warranty is not the sole means of acceptance;
    (iii) The warranty must not include items of routine maintenance 
which are not eligible for Federal participation; and,
    (iv) The warranty may include the quality of workmanship, materials 
and

[[Page 183]]

other specific tasks identified in the contract.
    (2) Performance warranties for specific products on NHS projects may 
be used at the STD's discretion. If performance warranties are used, 
detailed performance criteria must be provided in the Request for 
Proposal document.
    (3) The STD may follow its own procedures regarding the inclusion of 
warranty provisions on non-NHS Federal-aid design-build contracts.
    (4) For best value selections, the STD may allow proposers to submit 
alternate warranty proposals that improve upon the warranty terms in the 
RFP document. Such alternate warranty proposals must be in addition to 
the base proposal that responds to the RFP requirements.

[60 FR 44274, Aug. 25, 1995, as amended at 67 FR 75926, Dec. 10, 2002]