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section11.701

Supply contracts

Overview

FAR 11.701 establishes the parameters for allowing quantity variations (overruns or underruns) in fixed-price supply contracts due to manufacturing or shipping factors. It also defines the government's rights regarding the disposition of excess items delivered beyond authorized limits.

Key Rules

  • Permissible Causes: Variations are only authorized if caused by loading, shipping, packing conditions, or allowances in manufacturing processes.
  • Percentage Limits: Variations must be stated as a percentage (except for subsistence items) and are generally capped at plus or minus 10% unless otherwise specified by agency regulations.
  • Commercial Standards: There is no "standard" variation; percentages must be based on normal commercial practices for the specific industry and item.
  • Multiple Destinations: If a contract involves multiple delivery points, the contract must explicitly state if the variation applies to the specific quantity for each destination.
  • Excess Quantities (Clause 52.211-17):
    • Excess items valued at $250 or less may be retained by the government at no cost to the contractor.
    • Excess items valued at more than $250 may be returned at the contractor’s expense or retained and paid for at the contract unit price at the government's discretion.

Practical Implications

  • Contractor Risk: Contractors must strictly monitor production and shipping to avoid overages; delivering small quantities of excess stock (under $250) effectively results in a "donation" to the government since the government is not required to provide compensation.
  • Administrative Efficiency: The $250 threshold exists to prevent the government from incurring administrative costs that exceed the value of the overshipped items.

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