[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR101-26.100-3]



[Page 88]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-26_PROCUREMENT SOURCES AND PROGRAM--Table of Contents

 

                        Subpart 101-26.1_General

 

Sec. 101-26.100-3  Warranties.



    Through its procurement sources and programs GSA provides for 

certain types of items and services which are covered by warranties. 

Such warranties allow ordering activities additional time after 

acceptance within which to assert a right to correct certain 

deficiencies in supplies or services furnished. The additional time 

period and the specific corrective actions for which the contractor is 

responsible are usually stated in the warranty. Items and services 

subject to warranties are normally identified by a warranty marking or 

notice. Such marking or notice will state that a warranty exists, its 

extent of coverage, its duration, and whom to notify concerning defects. 

Using activities shall take the following actions when items or services 

(except for automotive vehicles and components which are subject to the 

provisions of Sec. 101-26.501-6) covered by warranty provisions are 

found to be defective during the warranty period.

    (a) Activities shall attempt to resolve all complaints where a 

warranty is involved. If the contractor replaces the item or corrects 

the deficiency, a Standard Form (SF) 368, Product Quality Deficiency 

Report, in duplicate, shall be sent to the GSA Discrepancy Reports 

Center (6FR), 1500 East Bannister Road, Kansas City, MO 64131-3088. The 

resolution of the case should be clearly stated in the text of the SF 

368. This information will be maintained as a quality history file for 

use in future procurements.

    (b) If the contractor refuses to correct, or fails to replace, a 

defective item or an aspect of service under the warranty, an SF 368, in 

duplicate, along with copies of all pertinent correspondence, shall be 

submitted to the contracting officer in the appropriate GSA commodity 

center for necessary action. The address of the contracting officer is 

contained in the contract/purchase order, except for schedule items 

where the address is shown in the Federal Supply Schedule.



[56 FR 12456, Mar. 26, 1991]