Overview
FAR Subpart 11.3 establishes the federal policy regarding the acceptable types of materials used in government supplies. It mandates a preference for recovered, reconditioned, or remanufactured materials over "virgin" materials to promote sustainability and cost-efficiency, provided these materials do not compromise safety or performance.
Key Rules
- Prohibition on Virgin Material Requirements: Agencies are generally prohibited from requiring materials to be "virgin" (newly mined or produced) unless specifically compelled by law, regulation, or vital safety and performance requirements.
- Disclosure Requirements (Non-Commercial): For acquisitions other than commercial products, offerors must identify if they are proposing used, reconditioned, remanufactured, or former Government surplus property.
- Commercial Product Flexibility: For commercial acquisitions, Contracting Officers must adhere to industry customs. Requests for material information should be limited to what is standard in the commercial marketplace.
- Recovered and Biobased Standards: Contracting Officers may request additional data to verify recycled or biobased content, but for biobased products, they cannot require more data than is typically provided in commercial transactions (except for content confirmation).
- Clause Incorporation: The clause at 52.211-5, Material Requirements, must be included in all solicitations and contracts for supplies that are not commercial products.
Responsibilities
- Agencies: Must ensure that specifications and requirements do not unfairly exclude non-virgin materials.
- Contracting Officers (COs):
- Must authorize the use of used/surplus materials in non-commercial contracts before performance.
- Must determine if additional information is needed to verify biobased or recovered material standards.
- Must ensure appropriate clauses are inserted in solicitations.
- Offerors/Contractors:
- Must disclose the status of materials (used, reconditioned, etc.) when required.
- Must provide verification of biobased or recycled content upon request.
Practical Implications
- Sustainability Goals: This subpart is a primary mechanism for "Green Procurement," shifting the burden of proof onto the government to justify why a recycled or remanufactured product cannot be used.
- Cost Management: By allowing for reconditioned or surplus property, the government can often realize significant cost savings, particularly in the acquisition of heavy machinery or specialized equipment parts.
- Risk Mitigation: The "safety and performance" exception is a critical safeguard. For high-stakes contracts (e.g., aerospace or medical supplies), the government still maintains the right to demand virgin materials to ensure mission success.
- Compliance for Non-Commercial Vendors: Contractors selling custom or "built-to-spec" items to the government face stricter disclosure requirements than those selling standard commercial off-the-shelf (COTS) items. They must be diligent in tracking their supply chain to identify the origin of materials.