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CFR › Title 23 › Chapter I › Subchapter G › Part 635 › Subpart D › Section 635.413

23 CFR 635.413 - Guaranty and warranty clauses.

There is 1 rule appearing in the Federal Register for 23 CFR 635. Select the tab below to view, or View eCFR (GPOAccess)
§ 635.413
Guaranty and warranty clauses.
The STD may include warranty provisions in National Highway System (NHS) construction contracts in accordance with the following:
(a) Warranty provisions shall be for a specific construction product or feature. Items of maintenance not eligible for Federal participation shall not be covered.
(b) All warranty requirements and subsequent revisions shall be submitted to the Division Administrator for advance approval.
(c) No warranty requirement shall be approved which, in the judgment of the Division Administrator, may place an undue obligation on the contractor for items over which the contractor has no control.
(d) A STD may follow its own procedures regarding the inclusion of warranty provisions in non-NHS Federal-aid contracts.
(e) In the case of a design-build project, the following requirements will apply instead of paragraphs (a) through (d) of this section.
(1) General project warranties may be used on NHS projects, provided:
(i) The term of the warranty is short (generally one to two years); however, projects developed under a public-private agreement may include warranties that are appropriate for the term of the contract or agreement.
(ii) The warranty is not the sole means of acceptance;
(iii) The warranty must not include items of routine maintenance which are not eligible for Federal participation; and,
(iv) The warranty may include the quality of workmanship, materials and other specific tasks identified in the contract.
(2) Performance warranties for specific products on NHS projects may be used at the STD's discretion. If performance warranties are used, detailed performance criteria must be provided in the Request for Proposal document.
(3) The STD may follow its own procedures regarding the inclusion of warranty provisions on non-NHS Federal-aid design-build contracts.
(4) For best value selections, the STD may allow proposers to submit alternate warranty proposals that improve upon the warranty terms in the RFP document. Such alternate warranty proposals must be in addition to the base proposal that responds to the RFP requirements.
[60 FR 44274, Aug. 25, 1995, as amended at 67 FR 75926, Dec. 10, 2002; 72 FR 45336, Aug. 14, 2007]

Title 23 published on 2012-04-01

The following are only the Rules published in the Federal Register after the published date of Title 23.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-01-28; vol. 78 # 18 - Monday, January 28, 2013
    1. 78 FR 5715 - Construction and Maintenance—Culvert Pipe Selection
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Highway Administration
      Final rule.
      This rule is effective February 27, 2013.
      23 CFR Part 635

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 23 - HIGHWAYS

§ 101 - Definitions and declaration of policy

§ 109 - Standards

§ 112 - Letting of contracts

§ 113 - Prevailing rate of wage

§ 114 - Construction

§ 116 - Maintenance

§ 119 - Interstate maintenance program

§ 128 - Public hearings

USC : Title 31 - MONEY AND FINANCE

§ 6505 - Authority to provide specialized or technical services

§ 6506 - Development assistance

U.S.C. : Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 3334 - Coordination of Federal aids with local governments

§ 4601 - Definitions

§ 4602 - Effect upon property acquisition

§ 4603 - Additional appropriations for moving costs, relocation benefits and other expenses incurred in acquisition of lands for National Park System; waiver of benefits

§ 4604 - Certification

§ 4605 - Displaced persons not eligible for assistance

Title 23 published on 2012-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 23 CFR 635 after this date.

  • 2013-01-28; vol. 78 # 18 - Monday, January 28, 2013
    1. 78 FR 5715 - Construction and Maintenance—Culvert Pipe Selection
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Highway Administration
      Final rule.
      This rule is effective February 27, 2013.
      23 CFR Part 635