Solicitation Document No.:
Security Equipment and Monitoring for District Offices
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H.6 EXCUSABLE DELAYS DECEMBER 2014
The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable
control of the Contractor and without fault or negligence of the Contractor, such as acts of God or the public enemy,
acts of the House, in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions,
strikes, unusually severe weather and delays of common carriers. The Contractor shall (a) notify the Contracting
Officer in writing as soon as it is reasonably possible after the commence of any excusable delay, setting forth the
full particulars in connection therewith, (b) remedy the adverse impact of such occurrence with all reasonable
dispatch, and (c) promptly give written notice to the Contracting Officer of the cessation of such occurrence.
H.7 WARRANTY DECEMBER 2014
a. Term. The term of the warranty shall begin on the date of acceptance. For equipment, the installation date and
the warranty period will commence on the time stamp date which appears on the EIN form.
b. Newly Manufactured Goods and Equipment. Unless this Contract specifies otherwise, the Contractor warrants
that all goods and equipment provided are new. Used or reconditioned goods and equipment are prohibited,
unless otherwise specified. If the Contractor believes that furnishing other than new material will be in the
House’s interest, the Contractor shall so notify the House in writing prior to delivery, specify the price reduction
proposed and request authority to deliver such material.
c. Goods, Equipment and Services. The Contractor warrants that the goods, equipment and services will be free
from defects in materials and workmanship for a minimum of ninety (90) calendar days, as follows: (i) after
completion of performance of services; (ii) after acceptance of goods, unless a longer warranty period is provided
by the manufacturer or by law, in which case the longer warranty period will apply; and/or (iii) from the date that
the EIN form is date-stamped by CAO Central Receiving for equipment, unless a longer warranty period is
provided by the manufacturer or by law, in which case the longer warranty period will apply. Should the
Contractor’s goods, equipment or services prove to be defective within said applicable warranty period, the
Contractor shall promptly replace or repair said goods or equipment or correct such services in accordance with
the requirements of this Contract, upon receipt of written notice from the House and without cost to the House.
If such goods, equipment or services cannot be brought into compliance with this Contract in a timely manner,
as determined by the House, the House may require a refund, in whole or in part, from the Contractor.
d. Software. For the delivery of commercial software (i.e., software that has been sold, leased or licensed to the
general public), the Contractor warrants that such software will perform in accordance with the software license
and accompanying documentation (e.g., nonproprietary manuals and other materials). The Contractor further
warrants that the commercial or proprietary software delivered under this Contract will be free, at the time of
delivery, of harmful code (i.e., computer viruses, worms, trap doors, time bombs, disabling code or any similar
malicious mechanism designed to interfere with the intended operation of, or cause damage to, computers, data
e. Intellectual Property. The Contractor warrants that the goods, equipment and services furnished under this
Contract will not infringe or violate any U.S. intellectual property right, including, without limitation, rights in
trade secrets, copyrights and U.S. patents.
f. Excluded / Limited Warranties. If the Contractor wishes to exclude or limit these implied warranties, it shall be
the Contractor’s responsibility to offer and agree with the House on an express warranty that includes terms
(including the length of the warranty) equal to or better than those offered to comparable customers in customary
commercial practice. The express warranty, if any, shall be included as an addendum to the Contract.