52.246-24 Limitation of Liability-High-Value

Items.

As prescribed in 46.805 , insert the following clause:

Limitation of Liability-High-Value Items (Feb 1997)

(a) Except as provided in paragraphs (b) through (e) of this clause, and notwithstanding any other

provision of this contract, the Contractor shall not be liable for loss of or damage to property of the

Government (including the supplies delivered under this contract) that-

(1) Occurs after Government acceptance of the supplies delivered under this contract; and

(2) Results from any defects or deficiencies in the sup-plies.

(b) The limitation of liability under paragraph (a) of this clause shall not apply when a defect or

deficiency in, or the Government’s acceptance of, the supplies results from willful misconduct or

lack of good faith on the part of any of the Contractor’s managerial personnel. The term

"Contractor’s managerial personnel," as used in this clause, means the Contractor’s directors,

officers, and any of the Contractor’s managers, superintendents, or equivalent representatives who

have supervision or direction of-

(1) All or substantially all of the Contractor’s business;

(2) All or substantially all of the Contractor’s operations at any one plant, laboratory, or separate

location at which the contract is being performed; or

(3) A separate and complete major industrial operation connected with the performance of this

contract.

(c) If the Contractor carries insurance, or has established a reserve for self-insurance, covering

liability for loss or damage suffered by the Government through purchase or use of the supplies

required to be delivered under this contract, the Contractor shall be liable to the Government, to the

extent of such insurance or reserve, for loss of or damage to property of the Government occurring

after Government acceptance of, and resulting from any defects or deficiencies in, the supplies

delivered under this contract.

(d)

(1) This clause does not diminish the Contractor’s obligations, to the extent that they arise otherwise

under this contract, relating to correction, repair, replacement, or other relief for any defect or

deficiency in supplies delivered under this contract.

(2) Unless this is a cost-reimbursement contract, if loss or damage occurs and correction, repair, or

replacement is not feasible or desired by the Government, the Contractor shall, as determined by the

Contracting Officer-

(i) Pay the Government the amount it would have cost the Contractor to make correction, repair, or

replacement before the loss or damage occurred;
(ii) Provide other equitable relief.

(e) This clause shall not limit or otherwise affect the Government’s rights under clauses, if included

in this contract, that cover-

(1) Warranty of technical data;

(2) Ground and flight risks or aircraft flight risks; or

(3) Government property.

(End of clause)

Alternate I (Apr 1984). If the contract is for both high-value items and other end items, the

contracting officer shall identify the high-value items by line item and insert the following preamble

before paragraph (a):

(This clause shall apply only to those items identified in this contract as being subject to this clause.)

Parent topic: 52.246 [Reserved]