TB 11-5825-291-30
or his designated representative that nonconformance of the returned supply cannot be
verified, and the ACO concurs that the failure cannot be duplicated, the contract price
will be adjusted and make payment to the contractor for non-verified failures.
The contractor will develop and maintain a data accumulation, processing,
analysis, and reporting system capable of providing the data to the government upon
request.
If the contractor becomes aware at any time after acceptance by the government
or after tender to the government that a defect exists in any supplies or services which
would adversely affect performance or reliability, the contractor will correct the defect.
The contractor may update units returned for repair or replace units with upgraded
equipment provided that form, fit, and function is maintained.
4.2. Remedies
The contractor will repair or replace at no cost to the government those units
produced under the contract which fail during the warranty period.
In the event of a breach of the essential performance requirements defined in the
contract, the contractor will determine the cause of the breach and develop a solution the
government may demand redesign and retrofit replacement of units if actual inherent
failures exceed expected failures by 100% and the increase in expected failures is not
due to factors beyond the control of the contractor. If the solution involves redesign and
retrofit, MIL-STD-480 configuration control procedures will apply. The contractor will be
responsible for the retrofit of all units delivered under the contract. If all units cannot be
retrofitted by the contractor, regardless of cause, the contractor will provide the
necessary data and retrofit kits to the government for government accomplishment. The
contractor will be responsible for updating all affected technical data provided to the
government. All costs for engineering analysis, redesign, and retrofit will be borne by
the contractor.
If the contractor does not return the repaired/replaced unit(s) within the time
specified in section 4.1, Extent of Contractor Obligations, it will be considered a late
delivery and the contractor will be liable to the government for liquidated damages as
specified in the contract.
The rights and remedies of the government provided:
a. will not be affected in any way by any terms or conditions of the contract
concerning the conclusiveness of inspection and acceptance
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