TB 9-2320-360-14
b. Oshkosh Requests Reimbursement
1. Definition. Failure of the Government and Osh-
kosh to agree on any matters related to or arising un-
(1) When Oshkosh makes analysis, then
der the contract warranty provision shall be resolved
claims part failure is not covered by the contract
in accordance with the disputes clause of the contract
warranty provision, the Government will be provided
and FAR 33.2.
all the facts supporting this position and a request for
reimbursement.
2. Dispute Settlement. In situations where Osh-
kosh declines to perform repair on items for which the
(2) Prior to any decision regarding
Government believes it has a valid warranty claim, or
settlement, units will be required to provide data to
when Oshkosh furnishes parts and services to the
PMTV to support Government's position.
Government and later claims the replaced part was
(3) if Warranty Administrator decides
not damaged due to defect in design, materials, or
Oshkosh'.s claim is valid, the unit which requested
workmanship, the following procedure applies:
warranty support will submit a "direct fund cite" to
a. Oshkosh Declines Repair
Warranty Administrator for his/her recommendations
to the contracting officer for decision regarding
(1) When Oshkosh or an authorized dealer
amount(s) due.
declines to repair an item under warranty, proceed to
perform repairs yourself. Use your own repair parts.
(2) immediately report situation using DA
Form 2407 as follows:
(a) Record "WARRANTY DISPUTE" and
complete description of failure.
(b) Enter name, activity, and telephone
number of person submitting warranty dispute.
(c) Enter name, address, and telephone
number of Oshkosh representative or dealership that
refused service.
(d) Enter specific reasons given for refus-
al.
(e) Enter specific facts/evidence you feel
will refute Oshkosh's reason for refusal. Include pho-
tographs and sketches, if possible.
(3) Submit copies 2 and 5 of DA Form 2407
to:
Commander, USA TACOM
ATTN: SFAECSTVH
Warren, Ml 46397-5000
Oshkosh Truck Corporation
ATTN: Warranty Administration
P.O. BOX 2566
Oshkosh, WI 549032566
(4) PM-TV will try to resolve the warranty
problem by mutual agreement. if necessary, the case
will be presented to Warranty Administrator for
review, analysis, and further investigation of facts.
16