FAR 11.301—Policy.
Plain-English Summary
FAR 11.301 sets the policy framework for how agencies may specify and verify the use of virgin, recycled, remanufactured, reconditioned, surplus, recovered-material, and biobased content in acquisitions. It limits when agencies can insist on virgin material, generally favoring recovered or alternative materials unless a law, regulation, safety need, or performance requirement justifies virgin material. It also addresses how agencies must handle identification and possible use of used, reconditioned, remanufactured, or unused former Government surplus property in noncommercial acquisitions, and how they may seek similar information in commercial-product buys while respecting normal commercial practices. In addition, it allows contracting officers to request extra information when needed to determine whether products meet minimum recovered-material or biobased standards, but requires that such requests be included in the solicitation and kept as commercially reasonable as possible. For biobased products, the rule further restricts agencies from demanding more data than other sellers would normally provide, except for confirmation of biobased content. In practice, this section is about balancing environmental and sustainability goals with market reality, competition, and the need to avoid unnecessary burdens on offerors.
Key Rules
No blanket virgin-material requirement
Agencies may not require virgin material or supplies made from virgin material unless a law or regulation requires it, or unless virgin material is necessary for safety or to meet contract performance requirements. This prevents unnecessary exclusion of recycled or alternative materials.
Noncommercial products: identify alternative sources
When buying products other than commercial products, agencies must require offerors to identify any used, reconditioned, remanufactured supplies, or unused former Government surplus property proposed for use. Those items may not be used in performance unless the contracting officer authorizes them.
Commercial products: follow industry practice
When acquiring commercial products, the contracting officer must consider customary industry practices for the product. The officer may request information about used, reconditioned, remanufactured, or surplus property, but the solicitation must include the request and the information sought should be limited to what is consistent with normal commercial practice.
Extra data only when needed
If the contracting officer needs more information to decide whether supplies meet minimum recovered-material or biobased standards in the solicitation, additional information may be required. That request must be stated in the solicitation, and for commercial products it should be limited as much as possible to information normally available in the commercial marketplace.
Biobased data limits
For biobased products, agencies may not require vendors or manufacturers to provide more information than other business entities would normally provide to the agency, except for data confirming the product’s biobased content. This protects vendors from unique or excessive disclosure demands.
Responsibilities
Agency
Avoid imposing virgin-material requirements unless legally required or justified by safety or performance needs. Structure solicitations and evaluation practices to support recovered-material and biobased policy goals without exceeding commercial norms.
Contracting Officer
Decide when virgin material is justified, require identification of used/reconditioned/remanufactured or surplus property in noncommercial buys, consider industry custom in commercial buys, include any information requests in the solicitation, authorize use of identified alternative supplies when appropriate, and request only the minimum additional data needed to assess compliance with recovered-material or biobased standards.
Offeror/Vendor
Disclose any used, reconditioned, remanufactured supplies, or unused former Government surplus property proposed for use when required by the solicitation, and provide additional recovered-material or biobased information when properly requested in the solicitation.
Manufacturer
For biobased products, provide only the level of information normally expected in the marketplace, except for confirmation of biobased content when required.
Practical Implications
This section pushes agencies to avoid defaulting to virgin materials and to consider recycled, remanufactured, or biobased options whenever feasible.
For noncommercial acquisitions, failure to identify used, remanufactured, or surplus property can create compliance problems because those items cannot be used without contracting officer authorization.
For commercial buys, the biggest pitfall is over-requesting information that goes beyond normal commercial practice; the solicitation must support any data request and keep it commercially reasonable.
Contracting officers should document why virgin material is necessary when they rely on the safety or performance exception, because that justification may be scrutinized.
Offerors should review solicitations carefully for disclosure and data-submission requirements tied to recovered-material or biobased standards, since missing or incomplete information can affect acceptability or award eligibility.
Official Regulatory Text
(a) Agencies must not require virgin material or supplies composed of or manufactured using virgin material unless compelled by law or regulation or unless virgin material is vital for safety or meeting performance requirements of the contract. (b) (1) When acquiring products other than commercial products as defined in 2.101 , agencies must require offerors to identify used, reconditioned, or remanufactured supplies; or unused former Government surplus property proposed for use under the contract. These supplies or property may not be used in contract performance unless authorized by the contracting officer. (2) When acquiring commercial products, the contracting officer must consider the customary practices in the industry for the product being acquired. The contracting officer may require offerors to provide information on used, reconditioned, or remanufactured supplies, or unused former Government surplus property proposed for use under the contract. The request for the information must be included in the solicitation, and to the maximum extent practicable must be limited to information or standards consistent with normal commercial practices. (c) (1) When the contracting officer needs additional information to determine whether supplies meet minimum recovered material or biobased standards stated in the solicitation, the contracting officer may require offerors to submit additional information on the recycled or biobased content or related standards. The request for the information must be included in the solicitation. When acquiring commercial products, limit the information to the maximum extent practicable to that available under normal commercial practices. (2) For biobased products, agencies may not require, as a condition of purchase of such products, the vendor or manufacturer to provide more data than would typically be provided by other business entities offering products for sale to the agency, other than data confirming the biobased content of a product (see 7 CFR 3201.8).