252.246-7998

WARRANTY OF DATA—BASIC (DEVIATION 2026-O0035) (FEB 2026)

(a) Definition—Technical data has the same meaning as given in the clause at
252.227-7989 Rights in Technical Data, Computer Software, and Computer
Software Documentation—Other Than Commercial Products or Commercial
Services.

(b) Warranty. Notwithstanding inspection and acceptance by the Government of
technical data furnished under this contract, and notwithstanding any provision of
this contract concerning the conclusiveness of acceptance, the Contractor warrants
that all technical data delivered under this contract will at the time of delivery
conform with the specifications and all other requirements of this contract. The
warranty period shall extend for three years after completion of the delivery of the
line item of data (as identified in DD Form 1423, Contract Data Requirements List)
of which the data forms a part; or any longer period specified in the contract.

(c) Contractor notification. 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.

(d) Remedies. The following remedies shall apply to all breaches of the
warranty, whether the Contractor notifies the Contracting Officer in accordance
with paragraph (c) of this clause or if the Government notifies the Contractor of the
breach in writing within the warranty period:

(1) Within a reasonable time after such notification, the Contracting Officer
may—

(i) By written notice, direct the Contractor to correct or replace at the
Contractor's expense the nonconforming technical data promptly; or

(ii) If the Contracting Officer determines that the Government no longer
has a requirement for correction or replacement of the data, or that the data can be
more reasonably corrected by the Government, inform the Contractor by written
notice that the Government elects a price or fee adjustment instead of correction or
replacement.

(2) If the Contractor refuses or fails to comply with a direction under
paragraph (d) (1)(i) of this clause, the Contracting Officer may, within a reasonable
time of the refusal or failure—

(i) By contract or otherwise, correct or replace the nonconforming
technical data and charge the cost to the Contractor; or

(ii) Elect a price or fee adjustment instead of correction or replacement.

(3) The remedies in this clause represent the only way to enforce the
Government's rights under this clause.

(e) The provisions of this clause apply anew to that portion of any corrected or
replaced technical data furnished to the Government under paragraph (d)(1)(i) of
this clause.

(End of clause)

Alternate I. As prescribed in 246.710(1) and (1)(ii), use the following clause,
which uses a different paragraph (d)(3) than the basic clause:

WARRANTY OF DATA—ALTERNATE I (DEVIATION 2026-O0035) (FEB 2026)

(a) Definition. Technical data has the same meaning as given in the clause at
252.227-7989 Rights in Technical Data, Computer Software, and Computer
Software Documentation—Other Than Commercial Products or Commercial
Services."

(b) Warranty. Notwithstanding inspection and acceptance by the Government of
technical data furnished under this contract, and notwithstanding any provision of
this contract concerning the conclusiveness of acceptance, the Contractor warrants
that all technical data delivered under this contract will at the time of delivery
conform with the specifications and all other requirements of this contract. The
warranty period shall extend for three years after completion of the delivery of the
line item of data (as identified in DD Form 1423, Contract Data Requirements List)
of which the data forms a part; or any longer period specified in the contract.

(c) Contractor Notification. 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.

(d) Remedies. The following remedies shall apply to all breaches of the
warranty, whether the Contractor notifies the Contracting Officer in accordance
with paragraph (c) of this clause or if the Government notifies the Contractor of the
breach in writing within the warranty period:

(1) Within a reasonable time after such notification, the Contracting Officer
may—

(i) By written notice, direct the Contractor to correct or replace at the
Contractor's expense the nonconforming technical data promptly; or

(ii) If the Contracting Officer determines that the Government no longer
has a requirement for correction or replacement of the data, or that the data can be
more reasonably corrected by the Government, inform the Contractor by written
notice that the Government elects a price or fee adjustment instead of correction or
replacement.

(2) If the Contractor refuses or fails to comply with a direction under
paragraph (d)(1)(i) of this clause, the Contracting Officer may, within a reasonable
time of the refusal or failure—

(i) By contract or otherwise, correct or replace the nonconforming
technical data and charge the cost to the Contractor; or

(ii) Elect a price or fee adjustment instead of correction or replacement.

(3) In addition to the remedies under paragraphs (d)(1) and (2) of this
clause, the Contractor shall be liable to the Government for all damages to the
Government as a result of the breach of warranty.

(i) The additional liability under paragraph (d)(3) of this clause shall not
exceed 75 percent of the target profit.

(ii) If the breach of the warranty is with respect to the data supplied by
an equipment subcontractor, the limit of the Contractor's liability shall be—

(A) Ten percent of the total subcontract price in a firm-fixed-price
subcontract;

(B) Seventy-five percent of the total subcontract fee in a cost-plus-
fixed-fee or cost-plus-award-fee subcontract; or

(C) Seventy-five percent of the total subcontract target profit or fee
in a fixed-price-incentive or cost-plus-incentive subcontract.

(iii) Damages due the Government under the provisions of this warranty
are not an allowable cost.

(iv) The additional liability in paragraph (d)(3) of this clause shall not
apply—

(A) With respect to the requirements for product drawings and
associated lists, special inspection equipment (SIE) drawings and associated lists,
special tooling drawings and associated lists, SIE operating instructions, SIE
descriptive documentation, and SIE calibration procedures under MIL-T-31000,
General Specification for Technical Data Packages, Amendment 1, or MIL-T-47500,
General Specification for Technical Data Packages, Supp 1, or drawings and
associated lists under level 2 or level 3 of MIL-D-1000A, Engineering and
Associated Data Drawings, or DoD-D-1000B, Engineering and Associated Lists
Drawings (Inactive for New Design) Amendment 4, Notice 1; or drawings and
associated lists under category E or I of MIL-D-1000, Engineering and Associated
Lists Drawings, provided that the data furnished by the Contractor was current,
accurate at time of submission, and did not involve a significant omission of data
necessary to comply with the requirements; or

(B) To defects the Contractor discovers and gives written notice to
the Government before the Government discovers the error.

(e) The provisions of this clause apply anew to that portion of any
corrected or replaced technical data furnished to the Government under paragraph
(d)(1)(i) of this clause.

(End of clause)

Alternate II. As prescribed in 246.710(1) and (1)(iii), use the following clause,
which uses a different paragraph (d)(3) than the basic clause:

WARRANTY OF DATA—ALTERNATE II (DEVIATION 2026-O0035) (FEB 2026)

(a) Definition. Technical data has the same meaning as given in the clause at
252.227-7989 Rights in Technical Data, Computer Software, and Computer
Software Documentation—Other Than Commercial Products or Commercial
Services.

(b) Warranty. Notwithstanding inspection and acceptance by the Government of
technical data furnished under this contract, and notwithstanding any provision of
this contract concerning the conclusiveness of acceptance, the Contractor warrants
that all technical data delivered under this contract will at the time of delivery
conform with the specifications and all other requirements of this contract. The
warranty period shall extend for three years after completion of the delivery of the
line item of data (as identified in DD Form 1423, Contract Data Requirements List)
of which the data forms a part; or any longer period specified in the contract.

(c) Contractor Notification. 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.

(d) Remedies. The following remedies shall apply to all breaches of the
warranty, whether the Contractor notifies the Contracting Officer in accordance
with paragraph (c) of this clause or if the Government notifies the Contractor of the
breach in writing within the warranty period:

(1) Within a reasonable time after such notification, the Contracting Officer
may—

(i) By written notice, direct the Contractor to correct or replace at the
Contractor's expense the nonconforming technical data promptly; or

(ii) If the Contracting Officer determines that the Government no longer
has a requirement for correction or replacement of the data, or that the data can be
more reasonably corrected by the Government, inform the Contractor by written
notice that the Government elects a price or fee adjustment instead of correction or
replacement.

(2) If the Contractor refuses or fails to comply with a direction under
paragraph (d)(1)(i) of this clause, the Contracting Officer may, within a reasonable
time of the refusal or failure—

(i) By contract or otherwise, correct or replace the nonconforming
technical data and charge the cost to the Contractor; or

(ii) Elect a price or fee adjustment instead of correction or replacement.

(3) In addition to the remedies under paragraphs (d)(1) and (2) of this
clause, the Contractor shall be liable to the Government for all damages to the
Government as a result of the breach of the warranty.

(i) The additional liability under paragraph (d)(3) of this clause shall not
exceed ten percent of the total contract price.

(ii) If the breach of the warranty is with respect to the data supplied by
an equipment subcontractor, the limit of the Contractor's liability shall be—

(A) Ten percent of the total subcontract price in a firm[-]fixed[-]price
subcontract;

(B) Seventy-five percent of the total subcontract fee in a cost-plus-
fixed-fee or cost-plus-award-fee subcontract; or

(C) Seventy-five percent of the total subcontract target profit or fee
in a fixed-price-incentive or cost-plus-incentive subcontract.

(iii) The additional liability specified in paragraph (d)(3) of this clause
shall not apply—

(A) With respect to the requirements for product drawings and
associated lists, special inspection equipment (SIE) drawings and associated lists,
special tooling drawings and associated lists, SIE operating instructions, SIE
descriptive documentation, and SIE calibration procedures under MIL-T-31000,
General Specification for Technical Data Packages, Amendment 1, or MIL-T-47500,
General Specification for Technical Data Packages, Supp 1, or drawings and
associated lists under level 2 or level 3 of MIL-D-1000A, Engineering and
Associated Data Drawings, or DoD-D-1000B, Engineering and Associated Lists
Drawings (Inactive for New Design) Amendment 4, Notice 1; or drawings and
associated lists under category E or I of MIL-D-1000, Engineering and Associated
Lists Drawings, provided that the data furnished by the Contractor was current,
accurate at time of submission, and did not involve a significant omission of data
necessary to comply with the requirements; or

(B) To defects the Contractor discovers and gives written notice to
the Government before the Government discovers the error.

(e) The provisions of this clause apply anew to that portion of any corrected or
replaced technical data furnished to the Government under paragraph (d)(1)(i) of
this clause.

(End of clause)