Overview
This section prescribes the mandatory inclusion of FAR clause 52.211-5, Material Requirements, in specific types of federal solicitations and contracts. It ensures that the government and contractors have a shared understanding of the condition and quality of materials used in the performance of the contract.
Key Rules
- Mandatory Clause: Contracting Officers must insert the clause at FAR 52.211-5, Material Requirements.
- Applicability: The requirement applies to solicitations and contracts for supplies.
- Specific Exclusion: This clause is not used in acquisitions for commercial products.
Practical Implications
- For non-commercial supply contracts, this rule ensures the government receives "new" materials (including virgin or recycled content) and prohibits the use of used, reconditioned, or remanufactured supplies unless specifically authorized.
- Contracting Officers must be diligent in distinguishing between commercial and non-commercial items to determine if this specific regulatory requirement applies during the solicitation drafting phase.