(a)

1. (1) The RFP may require a warranty for an element, a group of elements, or all of the project work, with a specified number of years (term) and the details as to what elements should be covered by the warranty.
2. (2) In general, routine maintenance is not intended to be covered by a warranty.
3. (3) Standard warranty forms or clauses will need to be modified to fit the specific requirements of the project.
4. (4) Each product or component of the project may have a different warranty term.
5. (5) Any warranties that are developed for federal-aid projects on the National Highway System should be tied to specific features or products and warranty items within the control of the design-builder.

(b)

1. (1) Performance requirements for each element must be clear, objective, and measurable to avoid future disputes.
2. (2) The Arkansas Department of Transportation must carefully consider the design and construction criteria and requirements for warranty elements.
3. (3) The degree to which an element of design or construction is prescribed by the DBA will influence how much a design-builder is really able to impact the design, construction, or performance of that component.