FAR 46.710—Contract clauses.
Plain-English Summary
FAR 46.710 explains which warranty clauses and alternates contracting officers may use in solicitations and contracts, and in what kinds of acquisitions each clause fits. It covers warranties for noncomplex supplies, complex supplies, systems and equipment under performance specifications or design criteria, services, and construction, along with the related alternates that shift transportation costs, address fixed-price incentive contracts, or account for disassembly/reassembly costs. The section also ties warranty use to agency approval procedures and to the broader warranty framework in FAR 46.709, including the special treatment of commercial products and commercial services. In practice, this section is the roadmap for selecting the right warranty clause from FAR 52.246-17 through 52.246-21 and tailoring it only as needed for the acquisition. It matters because the wrong clause, wrong alternate, or unsupported variation can create unenforceable or overly expensive warranty terms, or fail to protect the Government adequately.
Key Rules
Use only when warranty is appropriate
The prescribed clauses and alternates may be used only in solicitations and contracts where inclusion of a warranty is appropriate. For commercial products and commercial services, the contracting officer must also consider FAR 46.709 before deciding whether a warranty clause is suitable.
Agency approval is required
Each warranty clause in this section may be used only when the use of a warranty clause has been approved under agency procedures. This means the contracting officer cannot treat warranty clauses as automatic; internal policy and approval requirements must be satisfied first.
Tailoring is allowed, but limited
The contracting officer may vary the terms and conditions of the clauses and alternates to the extent necessary for the acquisition. However, if a clause is varied, the conditions tied to the selected alternate still must be considered so the modified warranty remains consistent with the intended risk allocation.
Noncomplex supplies clause
For noncomplex items in fixed-price supply contracts, the contracting officer may use a clause substantially the same as FAR 52.246-17. If the contractor’s design, rather than the Government’s design, will be used, the clause must be adjusted by inserting the word 'design' before 'material' in the relevant paragraph.
Complex supplies clause
For deliverable complex items in fixed-price supply or research and development contracts, the contracting officer may use a clause substantially the same as FAR 52.246-18. The same design/material adjustment applies when the contractor’s design is being used instead of the Government’s design.
Systems and equipment clause
For systems and equipment where performance specifications or design are of major importance, the contracting officer may use a clause substantially the same as FAR 52.246-19 in fixed-price supply, service, or research and development contracts. This clause is intended for acquisitions where warranty protection is tied to system performance or design criteria rather than only to discrete supplies.
Services warranty clause
For fixed-price service contracts, the contracting officer may use a clause substantially the same as FAR 52.246-20, unless the systems-and-equipment warranty clause at FAR 52.246-19 has already been used. This prevents duplicative or conflicting warranty coverage.
Construction warranty clause
For fixed-price construction contracts, the contracting officer may use a clause substantially the same as FAR 52.246-21. If the Government specifies equipment by brand name and model, Alternate I may be used to address that specific procurement circumstance.
Alternates shift specific risks
The alternates in this section address particular issues such as transportation costs for correction or replacement, fixed-price incentive contracting, and the expense of disassembly and reassembly. The contracting officer must choose the alternate that matches the acquisition’s risk and cost structure, and may use the alternate only when its stated conditions are present.
Responsibilities
Contracting Officer
Determine whether a warranty is appropriate, confirm agency approval, select the correct FAR 52.246-17 through 52.246-21 clause, and choose the proper alternate based on the contract type and risk factors. The contracting officer may also tailor clause language as needed, but must preserve the substance of the warranty and account for the conditions tied to any alternate used.
Agency
Establish procedures for approving the use of warranty clauses and ensure contracting personnel follow those procedures. Agencies also set the internal controls that govern when warranty clauses may be included and how much variation from the prescribed language is permitted.
Contractor
Understand the warranty obligations being accepted, including any clause variations or alternates that shift transportation, repair, replacement, or disassembly/reassembly responsibilities. Where contractor design is involved, the contractor must be prepared for the clause to address design-related warranty coverage rather than only material defects.
Government Program/Technical Personnel
Help determine whether the acquisition involves noncomplex supplies, complex items, systems and equipment, services, or construction, and whether performance specifications or design criteria make a warranty appropriate. They also support the contracting officer in identifying practical issues such as transportation burden, access for repair, and disassembly/reassembly costs.
Practical Implications
Choosing the wrong warranty clause can create mismatches between the contract type and the risk being covered, such as using a services warranty where a systems-and-equipment warranty is more appropriate, or vice versa.
The alternates are not cosmetic; they can materially change who pays for transportation, repair logistics, or major teardown/reassembly costs, which can significantly affect price and administration.
Contracting officers should verify whether the acquisition is fixed-price, fixed-price incentive, or research and development before selecting a clause, because each clause is limited to specific contract types.
If the Government specifies brand name and model in a construction contract, the special alternate for FAR 52.246-21 should be considered to avoid ambiguity about warranty coverage for that specified equipment.
Any deviation from the prescribed language should be deliberate and documented, because warranty clauses are highly fact-specific and unsupported changes can lead to disputes over scope, cost responsibility, or enforceability.
Official Regulatory Text
The clauses and alternates prescribed in this section may be used in solicitations and contracts in which inclusion of a warranty is appropriate (see 46.709 for warranties for commercial products and commercial services). However, because of the many situations that may influence the warranty terms and conditions appropriate to a particular acquisition, the contracting officer may vary the terms and conditions of the clauses and alternates to the extent necessary. The alternates prescribed in this section address the clauses; however, the conditions pertaining to each alternate must be considered if the terms and conditions are varied to meet a particular need. (a) (1) The contracting officer may insert a clause substantially the same as the clause at 52.246-17 , Warranty of Supplies of a Noncomplex Nature, in solicitations and contracts for noncomplex items when a fixed-price supply contract is contemplated and the use of a warranty clause has been approved under agency procedures. If the contractor’s design rather than the Government’s design will be used, insert the word "design" before "material" in paragraph (b)(1)(i). (2) If it is desirable to specify that necessary transportation incident to correction or replacement will be at the Government’s expense (as might be the case if, for example, the cost of a warranty would otherwise be prohibitive), the contracting officer may use the clause with its Alternate II. (3) If the supplies cannot be obtained from another source, the contracting officer may use the clause with its Alternate III. (4) If a fixed-price incentive contract is contemplated, the contracting officer may use the clause with its Alternate IV. (5) If it is anticipated that recovery of the warranted items will involve considerable Government expense for disassembly and/or reassembly of larger items, the contracting officer may use the clause with its Alternate V. (b) (1) The contracting officer may insert a clause substantially the same as the clause at 52.246-18 , Warranty of Supplies of a Complex Nature, in solicitations and contracts for deliverable complex items when a fixed-price supply or research and development contract is contemplated and the use of a warranty clause has been approved under agency procedures. If the contractor’s design rather than the Government’s design will be used, insert the word "design" before "material" in paragraph (b)(1). (2) If it is desirable to specify that necessary transportation incident to correction or replacement will be at the Government’s expense (as might be the case if, for example, the cost of a warranty would otherwise be prohibitive), the contracting officer may use the clause with its Alternate II. (3) If a fixed-price incentive contract is contemplated, the contracting officer may use the clause with its Alternate III. (4) If it is anticipated that recovery of the warranted item will involve considerable Government expense for disassembly and/or reassembly of larger items, the contracting officer may use the clause with its Alternate IV. (c) (1) The contracting officer may insert a clause substantially the same as the clause at 52.246-19 , Warranty of Systems and Equipment under Performance Specifications or Design Criteria, in solicitations and contracts when performance specifications or design are of major importance; a fixed-price supply, service, or research and development contract for systems and equipment is contemplated; and the use of a warranty clause has been approved under agency procedures. (2) If it is desirable to specify that necessary transportation incident to correction or replacement will be at the Government’s expense (as might be the case if, for example, the cost of a warranty would otherwise be prohibitive), the contracting officer may use the clause with its Alternate I. (3) If a fixed-price incentive contract is contemplated, the contracting officer may use the clause with its Alternate II. (4) If it is anticipated that recovery of the warranted item will involve considerable Government expense for disassembly and/or reassembly of larger items, the contracting officer may use the clause with its Alternate III. (d) The contracting officer may insert a clause substantially the same as the clause at 52.246-20 , Warranty of Services, in solicitations and contracts for services when a fixed-price contract for services is contemplated and the use of warranty clause has been approved under agency procedures; unless a clause substantially the same as the clause at 52.246-19 , Warranty of Systems and Equipment under Performance Specifications or Design Criteria, has been used. (e) (1) The contracting officer may insert a clause substantially the same as the clause at 52.246-21 , Warranty of Construction, in solicitations and contracts when a fixed-price construction contract (see 46.705 (c)) is contemplated and the use of a warranty clause has been approved under agency procedures. (2) If the Government specifies in the contract the use of any equipment by "brand name and model," the contracting officer may use the clause with its Alternate I.