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Clauses · DFARS · Quality and inspection

DFARS 252.246-7001 Warranty of Data

Deviation number 252.246-7998. DoD Class Deviation 2026-O0035 rewrites DFARS part 246 for the FAR overhaul. It prescribes 252.246-7998 in place of 252.246-7001, so a document written under it can cite 252.246-7998 instead. The two texts can differ. The source at the foot of this page says how.

Does the regulation require it to flow down?

No

There is no flowdown paragraph in the text (verified; the alternates only mention equipment subcontractors in the limitation of liability). Primes include it back-to-back in subs that generate the data, to mirror at the sub the 3-year warranty they took on upstream

A clause can reach your subcontract without a mandate. Once it is in your document, it is a contract term all the same. The missing mandate is a fact about the regulation. It is not a ruling on your order.

Checked against acquisition.gov on 2026-08-11 · edition MAR 2014 (Basic, Alternate I, Alternate II) · base v0.9.3 Read the text ↗

What it makes you produce

2 items for your checklist, slowest first.

  1. Something you write

    Days to weeks, and nobody outside your company has to agree to it.

    • Written notice to the contracting officer of the breach

      Owed immediately on discovering, inside the warranty period, that delivered data did not conform

      DFARS 252.246-7001(c)

  2. Nothing to send now

    It does not hold the order. It decides what money moves later — what you can claim, what can be claimed from you, and what can be held back — and none of that changes after signature.

    • The cost of putting right a drawing, specification or manual that did not conform when it was delivered — carried by you for three years from completion of delivery of the data line item, and surviving Government acceptance

      DFARS 252.246-7001(b)

When it is used

Applies in solicitations and contracts that contain 252.227-7013 (Rights in Technical Data) when the government wants more protection than the FAR Part 46 inspection/warranty clauses provide — prescription 246.710(1). Basic for non-firm-fixed-price contracts; Alt I for fixed-price-incentive (damages capped at 75% of target profit); Alt II for firm-fixed-price (damages capped at 10% of the total price).

Read closely

(d) sets what follows a breach: correction or replacement at your expense, or a price reduction, or the cost of a third party doing the work. The window runs three years from delivery of the line item on the DD Form 1423 data requirements list, or longer where the contract says so, which puts the exposure well past the point the margin was recognized. What it attaches to is the data line items on the delivery schedule, not the hardware beside them.

Alternates

  • Alt I · MAR 2014

    DFARS 246.710(1)(ii) — fixed-price-incentive contracts.

    Alternate I replaces paragraph (d)(3) for a fixed-price-incentive contract, adding liability for damages caused by a data defect and capping it at 75 percent of target profit, with its own limits on subcontractor liability. It changes the size of the money at risk, not the warranty or the notice.

  • Alt II · MAR 2014

    DFARS 246.710(1)(iii) — firm-fixed-price contracts.

    Alternate II replaces the same paragraph (d)(3) for a firm-fixed-price contract, capping damages from a data defect at ten percent of the total contract price. Basic, Alternate I and Alternate II map onto cost-type, fixed-price-incentive and firm-fixed-price contracts, and all three call for the same data and the same notice.

The 9 templates that name it, with the line
233RTX Flowdown of U.S. Government Contract Clauses Under U.S. Government ContractsRTXline 1653166Northrop Grumman CTM-P-ST-001 — U.S. Government Firm Fixed Price Order (Not for Commercial Products and Services)Northrop Grummanline 2535166Northrop Grumman CTM-P-ST-003 — U.S. Government T&M Order (Not for Commercial Products and Services)Northrop Grummanline 2472168Northrop Grumman CTM-P-ST-004 — U.S. Government Cost Reimbursement Order (Not for Commercial Products and Services)Northrop Grummanline 2561255GD Mission Systems SCM-TMP-005 — General Provisions, Firm Fixed Price PO under U.S. Government Contract (Non-Commercial)General Dynamicsline 1398243GD Mission Systems SCM-TMP-048 — T&M Purchase Orders for Non-Commercial Items in Support of a U.S. Government ContractGeneral Dynamicsline 2369240L3Harris LGL-50.F1 — General T&C and Flowdown Clauses for Other Than Commercial Products/Services under a U.S. Government ContractL3Harrisline 2841273BAE Systems Inc. USGOVA — FAR/DFARS Flow Down Provisions for Subcontracts/Purchase Orders under a U.S. Government (DoD) Prime ContractBAE Systemsline 1220178AAR Component Services NY — U.S. Government Contract FAR and DFARS Clauses Incorporated by ReferenceAAR Corpline 1725

Source: acquisition.gov, DFARS 252.246-7001. CODIFIED REGIME, read 2026-08-11 on the part-252 page at DFARS Change 5/7/2026: "Basic. As prescribed in 246.710(1) and (1)(i), use the following clause:" with designation WARRANTY OF DATA—BASIC (MAR 2014). DEVIATION REGIME: the number appears ZERO times in the part-46 memo, whose 252.246-7998 head reads "Warranty of data. (DEVIATION 2026-O0035) Basic. As prescribed in 246.710(1) and (1)(i), use the following clause:" and whose designation line reads WARRANTY OF DATA—BASIC (DEVIATION 2026-O0035) (FEB 2026). The successor also swaps the technical-data cross-reference to 252.227-7989. TO RE-DERIVE WITHOUT REDOING THE RESEARCH: fetch acquisition.gov/sites/default/files/page_file_uploads/DoD_RFO_Deviation_Part-46.pdf (569581 bytes, 42 pages, DARS Tracking Number 2026-O0035, "Effective February 1, 2026, contracting officers shall use"), run pdftotext -layout over it, and grep for 252.246-7001 — 0 occurrences on 2026-08-11, poppler pdftotext. (verified 2026-08-11)

This is research, not legal advice. It states what the regulation says about this clause and cites the paragraph behind it. It does not rule on your order, and it does not rule on whether a prime's markings are correct.