Material Requirements
Contractors must obtain Contracting Officer approval and provide detailed documentation before using any materials that are not new, including used, reconditioned, remanufactured, or surplus items.
Overview
FAR 52.211-5, Material Requirements, establishes the standards for the types of materials contractors may use to fulfill government contracts. The clause defines key terms such as "new," "reconditioned," "recovered material," "remanufactured," and "virgin material," and sets forth the conditions under which each may be provided. Unless the contract specifically requires virgin materials, contractors are permitted to supply new, reconditioned, or remanufactured items. However, the use of used, reconditioned, remanufactured supplies, or unused former Government surplus property requires prior approval from the Contracting Officer, along with detailed descriptions and documentation. This clause ensures that all materials meet contract requirements for performance, reliability, and life expectancy, and that the government is informed and approves any deviation from new materials.
Key Rules
- Material Types Allowed
- Contractors must provide new, reconditioned, or remanufactured supplies unless the contract specifically requires virgin material.
- Approval for Used or Surplus Materials
- Proposals to use used, reconditioned, remanufactured, or unused former Government surplus property must be submitted for Contracting Officer approval, including detailed descriptions and acquisition information.
- Definitions
- The clause provides precise definitions for new, reconditioned, recovered material, remanufactured, and virgin material to ensure clarity and compliance.
Responsibilities
- Contracting Officers: Review and approve or deny proposals for used, reconditioned, remanufactured, or surplus materials; ensure contract requirements are met.
- Contractors: Submit detailed proposals for any non-new materials; ensure all materials meet contract performance and reliability standards.
- Agencies: Oversee compliance with material requirements and maintain documentation for approvals.
Practical Implications
- This clause exists to maintain quality and reliability in government procurements while allowing flexibility in material sourcing. Contractors must be diligent in documenting and seeking approval for any materials that are not new, and failure to comply can result in rejection of supplies or contract issues. Common pitfalls include insufficient documentation or failure to obtain prior approval for non-new materials.