52.211-5 Material Requirements
Source: FAR 52.211-5 on acquisition.gov
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.
As prescribed in 11.302 , insert the following clause:
Material Requirements (Aug 2000)
(a) Definitions.
As used in this clause-
New means composed of previously unused components, whether manufactured from virgin material, recovered material in the form of raw material, or materials and by-products generated from, and reused within, an original manufacturing process; provided that the supplies meet contract requirements, including but not limited to, performance, reliability, and life expectancy.
Reconditioned means restored to the original normal operating condition by readjustments and material replacement.
Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
Remanufactured means factory rebuilt to original specifications.
Virgin material means-
(1) Previously unused raw material, including previously unused copper, aluminum, lead, zinc, iron, other metal or metal ore; or
(2) Any undeveloped resource that is, or with new technology will become, a source of raw materials.
(b) Unless this contract otherwise requires virgin material or supplies composed of or manufactured from virgin material, the Contractor shall provide supplies that are new, reconditioned, or remanufactured, as defined in this clause.
(c) A proposal to provide unused former Government surplus property shall include a complete description of the material, the quantity, the name of the Government agency from which acquired, and the date of acquisition.
(d) A proposal to provide used, reconditioned, or remanufactured supplies shall include a detailed description of such supplies and shall be submitted to the Contracting Officer for approval.
(e) Used, reconditioned, or remanufactured supplies, or unused former Government surplus property, may be used in contract performance if the Contractor has proposed the use of such supplies, and the Contracting Officer has authorized their use.
(End of clause)