FAR 46.708—Warranties of data.
Plain-English Summary
FAR 46.708 is a very short but important policy provision on data warranties in federal contracting. It does not itself create a government-wide warranty scheme or prescribe specific warranty language; instead, it directs agencies to develop and use warranties of data in accordance with their own agency regulations. In practice, this means the details of when a data warranty is appropriate, what data it covers, how long it lasts, what remedies apply, and how it is enforced are controlled at the agency level rather than by a single FAR-wide rule. The section matters because data deliverables can include technical data, reports, software-related data, drawings, manuals, and other information that may need warranty protection for accuracy, completeness, or conformance. For contracting officers and contractors, the practical significance is that the existence and scope of any data warranty must be checked against the applicable agency supplement, solicitation terms, and contract clauses. This section therefore serves as a cross-reference to agency-specific policy and a reminder that data warranties are not standardized across the government.
Key Rules
Agency regulations control
Warranties of data must be developed and used under the applicable agency regulations. The FAR does not prescribe a universal data warranty approach, so agencies decide whether to use them and how to structure them.
No standalone FAR clause
This section does not itself establish warranty terms, remedies, or procedures. Any enforceable warranty obligation must come from agency regulations and the contract’s specific language.
Scope depends on agency policy
The types of data covered, the warranty period, and the performance standard are determined by agency-level rules and contract requirements. Contractors must look beyond the FAR text to understand the actual obligation.
Contract terms must match regulations
If a data warranty is used, it should be consistent with the governing agency regulations and incorporated into the solicitation and contract. A warranty that is not authorized or properly drafted may be unenforceable or create disputes.
Responsibilities
Agency
Develop policy on when data warranties are appropriate, what they cover, and how they are used. Ensure agency regulations provide the framework for any data warranty provisions included in solicitations and contracts.
Contracting Officer
Check the applicable agency regulations before including any warranty of data in a solicitation or contract. Use only authorized warranty language and ensure the contract terms accurately reflect the agency’s policy.
Contractor
Review the applicable agency regulations and contract clauses to determine whether a data warranty applies and what obligations it creates. Price, manage, and perform to the warranty requirements if they are included in the contract.
Legal/Policy Staff
Support development and review of agency data warranty policies and contract language to ensure consistency with the FAR, agency supplements, and applicable law.
Practical Implications
The main day-to-day issue is that there is no one-size-fits-all data warranty rule in the FAR; the controlling requirements may differ by agency.
Contractors should not assume that a data warranty exists just because data is being delivered, and contracting officers should not assume standard language is automatically authorized.
A common pitfall is using warranty language without confirming the agency supplement or without clearly defining the data, the warranty standard, and the remedy.
Because the section is so brief, the real compliance work happens in the agency supplement, solicitation, and contract clauses; those documents must be reviewed together.
Disputes often arise when parties disagree about whether the delivered information qualifies as “data,” what defects are covered, or how long the warranty lasts.
Official Regulatory Text
Warranties of data shall be developed and used in accordance with agency regulations.