(FAR) Quality Assurance - Research Paper Example

An implied warranty automatically protects the government upon the sale of an item, unless it is overridden by a disclaimer. An implied warranty of merchantability ensures government purchases items of good (average or above) quality and fit for an ordinary purpose intended for, while an implied warranty of fitness protects the government against unsuitable services or products for a specific purpose, known to the recommending seller of the item. Keywords: Defective Products, Items, Contract, Warranty, Acquisition, FAR, Disclaimer, Liability, Cost Determining Criteria to invoke a Warranty in FAR Contracting officers of the government have a crucial role to play, especially in considering commercial practices in handling contracts between the government and contractors, for a smooth exchange of the commercial items or services.

Considering the various defects or gross mistakes that may arise in the provision of the commercial products, even though warranties are not compulsory in these contracts, such challenges push for the need of the warranty in specific acquisitions. According to the FAR part (46) section (703), contracting officers assess the nature and use of the services or suppliers, trade practices, administration and enforcement, cost, and reduced requirements to determine the appropriateness of a warranty for an acquisition in a contract.

Warranties are an extension of the standing relationship between the contractors and the government, but also extend the liability cost to one of the parties based on the matters that may arise from the contract. Similarly, warranties support inspection and acceptance practices in quality assurance of the contracts. When an analysis of the above factors is conducted and the need for a warranty in a specific acquisition found, then in the best interest of the government, a warranty clause can be used.

The government acquires the warranty when it is cost effective. In any case, the government would want to reduce the burden in maintenance, use or operation, and additional costs that may arise due to potential undetected defects. That is why such factors like difficulty in detecting a fault prior to acceptance, assessing potential harm to the government in case of a defect, complexity and function of a an item or service, end use, degree of development, and state of the art under FAR 46.703 part (a) have to be evaluated.

The arising costs coming from the deferred liability on the contractor’s side and warranty enforcement of the government’s side, extended trade practice in the cost of a warranted item to the government, the ability of an assured administrative system to report on discrepancies, and reduced government quality assurance requirement would necessitate the government to include a warranty. Through the procedure, the government would ensure that the non conformance is covered in the warranty clause of the contract.

Protection against Defective Services Express Warranties They frequently characterize the majority of the government contracts. Some can be complex, but are often specific to service contracts. These warranties can be oral or written, but for official purposes to the government, a written form is often common as a claim for its existence and avoiding chances of contractor’