[Code of Federal Regulations]
[Title 48, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR852.246-2]

[Page 256-257]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 8--DEPARTMENT OF VETERANS AFFAIRS
 
Sec. 852.246-2  Warranty for construction--guarantee period services.

    As prescribed in 846.710-71, insert the following clause:

     Warranty for Construction--Guarantee Period Services (JUL 2002)

    The clause entitled ``Warranty of Construction'' in FAR 52.246-21 is 
supplemented as follows:

[[Page 257]]

    Should the contractor fail to prosecute the work or fail to proceed 
promptly to provide guarantee period services after notification by the 
contracting officer, the Government may, subject to the default clause 
contained at FAR Section 52.249-10, Default (Fixed-Price Construction), 
and after allowing the contractor 10 days to correct and comply with the 
contract, terminate the right to proceed with the work (or the separable 
part of the work) that has been delayed or unsatisfactorily performed. 
In this event, the Government may take over the work and complete it by 
contract or otherwise, and may take possession of and use any materials, 
appliance, and plant on the work site necessary for completing the work. 
The contractor and its sureties shall be liable for any damages to the 
Government resulting from the contractor's refusal or failure to 
complete the work within this specified time, whether or not the 
contractor's right to proceed with the work is terminated. This 
liability includes any increased costs incurred by the Government in 
completing the work.

                             (End of clause)

[67 FR 49261, July 30, 2002]