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46.803 Policy.

46.803 Policy.

  1. (a) General.The Government will generally act as a self-insurer by relieving contractors, as specified in this subpart, of liability for loss of or damage to property of the Government that (1)occurs after acceptance of supplies delivered or services performed under a contract and (2)results from defects or deficiencies in the supplies or services. However, the Government will not relieve the contractor of liability for loss of or damage to the contract end item itself, except for high-value items.

  2. (b) High-value items.In contracts requiring delivery of high-value items, the Government will relieve contractors of contractual liability for loss of or damage to those items. However, this relief shall not limit the Government’s rights arising under the contract to-

    1. (1) Have any defective item or its components corrected, repaired, or replaced when the defect or deficiency is discovered before the loss of or damage to a high-value item occurs; or

    2. (2) Obtain equitable relief when the defect or deficiency is discovered after such loss or damage occurs.

  3. (c) Exception.The Government will not provide contractual relief under paragraphs(a) and (b) of this section when contractor liability can be preserved without increasing the contract price.

  4. (d) Limitations.Subject to the specific terms of the limitation of liability clause included in the contract, the relief provided under paragraphs(a) and (b) of this section does not apply-

    1. (1) To the extent that contractor liability is expressly provided under a contract clause authorized by this regulation;

    2. (2) When a defect or deficiency in, or Government’s acceptance of, the supplies or services results from willful misconduct or lack of good faith on the part of the contractor’s managerial personnel; or

    3. (3) To the extent that any contractor insurance, or self-insurance reserve, covers liability for loss or damage suffered by the Government through purchase or use of the supplies delivered or services performed under the contract.