52.211-17 Delivery of Excess Quantities
Source: FAR 52.211-17 on acquisition.gov
Contractors risk forfeiting excess delivered items valued up to $250 and must bear the cost of return for larger excesses unless the government opts to pay for them.
Overview
FAR 52.211-17, "Delivery of Excess Quantities," establishes the rules for handling situations where a contractor delivers more items than the contract specifies, after accounting for any allowable quantity variations. The clause clarifies that any excess delivered is considered for the contractor's convenience, not the government's benefit. The government may retain excess quantities valued up to $250 without compensating the contractor, and the contractor waives any rights to those goods. For excesses over $250, the government can either return the items at the contractor's expense or keep them and pay the contract unit price. This clause protects the government from unintentional over-deliveries and ensures contractors are aware of the financial and ownership implications of delivering more than the ordered quantity.
Key Rules
- Excess Quantity Delivery
- Contractors are responsible for delivering only the specified quantity, considering any allowable variations.
- Government Retention of Small Excesses
- The government may keep excess quantities valued up to $250 without payment, and the contractor gives up all rights to those items.
- Disposition of Larger Excesses
- For excesses over $250, the government can either return the items at the contractor's expense or retain them and pay the contract price.
Responsibilities
- Contracting Officers: Enforce the clause and determine the disposition of excess quantities.
- Contractors: Ensure delivery matches contract quantities and understand the consequences of over-delivery.
- Agencies: Oversee compliance and manage excess deliveries per the clause.
Practical Implications
- This clause exists to prevent contractors from shifting inventory to the government or causing administrative burdens with excess deliveries.
- Contractors must carefully manage shipments to avoid financial loss or forfeiture of goods.
- Common pitfalls include failing to account for allowable variations or misunderstanding the $250 threshold.
As prescribed in 11.703(b), insert the following clause:
Delivery of Excess Quantities (Sept 1989)
The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor’s expense or retained and paid for by the Government at the contract unit price.
(End of clause)