As prescribed in 46.708-90 insert the following clause:
WARRANTY OF DATA (SEP 2008) - DLAD
(a) Definition. Technical Data as used in this clause, means recorded information, regardless of the form or method of the recording of a scientific or technical nature (including computer software documentation). The term does not include computer software or data incidental to contract administration, such as financial and/or management information.
(b) Warranty.
(1) Notwithstanding inspection and acceptance by the Government of the technical data package furnished under this contract and notwithstanding any provision of this contract concerning the conclusiveness thereof, the Contractor warrants the technical package as delivered will, without any additional data, be adequate to enable any competent manufacturer to produce the item without 1) resort to or the need for additional design effort; or (2) require any additional data from the contractor.
(2) The Contractor also warrants the technical data package does not require the incorporation of any product made solely by the Contractor and the data includes, in addition, all other necessary information, a complete description of and the right to use by or for the government, any manufacturing processes identified in the technical data package which are not common industry practices.
(3) The Contractor further warrants all technical data delivered under this contract will at the time of delivery conform with the specifications and all other requirements of this contract.
(4) The warranty shall remain in effect until the first production Contractor has manufactured and tested items in accordance with the technical data package provided by the Contractor and the items accepted by the Government or three years, whichever occurs first. The production Contractor shall be the first Contractor to manufacture and sell the items to the Government under contract using the technical data package furnished by the Contractor under this contract. The three year warranty period shall be computed from the date of Government acceptance of the technical data package as indicated by the Government's execution of a DD250 or other form clearly expressing acceptance.
(c) Notification
(1) The Contractor agrees to notify the Contracting Officer in writing immediately of any breach of the above warranty which the Contractor discovers within the warranty period.
(2) The Contracting Officer shall give written notice to the Contractor of any breach of warranty in this clause within 90 days after discovery of a defect.
(d) Remedies. The following remedies shall apply to all breaches of the above warranty provided the government notifies the Contractor of the breach in writing within period stated in paragraph (c)(2):
(1) Within 30 days after the Contracting Officer notifies the Contractor of a breach of warranty, the Contracting Officer may by written notice, direct the Contractor to correct or replace at the Contractor's expense the nonconforming technical data package.
(2) If the Contractor refuses or fails to comply with the direction under (d)(1) above, the Contracting Officer may, within 90 days of such refusal or failure, by contract or otherwise, correct or replace the nonconforming technical data package and charge the Contractor the cost occasioned to the Government thereby.
(e) Additional Liabilities. In addition to the remedies under paragraph (d)(1) and (2) of this clause, the Contractor shall be liable to the Government for all damages of any sort which the Government suffers as a result of the breach of warranty.
(End of Clause)
