48 C.F.R. § 52.246-24

52.246-24 Limitation of Liability—High-Value Items.

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

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) below, 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 supplies.

(b) The limitation of liability under paragraph (a) above 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; or

(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.)

[48 FR 42478, Sept. 19, 1983, as amended at 60 FR 34762, July 3, 1995; 61 FR 67426, Dec. 20, 1996]

Notes of Decisions

Cited in 3 cases, 1999–2002 · leading case: United States of Am. Ex Rel. Brett Roby v. Boeing Co., 302 F.3d 637 (6th Cir. 2002).

Sort: Relevance Newest Treatment

United States of Am. Ex Rel. Brett Roby v. Boeing Co., 302 F.3d 637 (6th Cir. 2002). · cites it 3× “” 48 C.F.R. § 52.246-24 . Put most simply, this case is about the Government trying to do exactly what the plain and obvious wording of its contractual term says it will not do: recover from “the Contractor” for the “loss of or damage to property of the Government.”

United States Ex Rel. Roby v. Boeing Co., 73 F. Supp. 2d 897 (S.D. Ohio 1999). · cites it 4× “48 C.F.R. § 52.246-24 (a)-(d) (1999). B. Historical Background The HVIC embodies a long-standing practice of the DOD to self-insure for damage to high-value items.”

United States Ex Rel. Roby v. Boeing Co., 100 F. Supp. 2d 619 (S.D. Ohio 2000). “246-24; see also See Title 48 C.F.R. § 52.246-24 (West 1999), "Limitation of Liability — High-Value Items”.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.