FAR 52.211-17—Delivery of Excess Quantities.
Plain-English Summary
FAR 52.211-17, Delivery of Excess Quantities, addresses what happens when a contractor ships more than the contract quantity, after any allowable variation is taken into account. It explains that the contractor remains responsible for delivering the exact ordered quantity, that any overage is treated as a delivery made for the contractor’s convenience, and that the Government may keep small excess quantities without paying for them. The clause also sets a dollar threshold: the Government may retain excess quantities valued at $250 or less without compensation, and the contractor gives up any claim to those items. For excess quantities valued above $250, the Government may either return them at the contractor’s expense or keep them and pay the contract unit price. In practice, this clause protects the Government from administrative burden over minor overdeliveries while giving both parties a clear rule for handling larger overages. It is especially important for supply contracts where counting, packaging, or production tolerances can lead to shipment quantities that exceed the ordered amount.
Key Rules
Contractor must meet ordered quantity
The contractor is responsible for delivering each item in the exact quantity required, subject only to any allowable variation stated in the contract. Delivering more than the required quantity is not automatically acceptable just because the excess was shipped in good faith.
Excess is treated as contractor convenience
If the Government receives more than the required quantity, the extra units are treated as having been delivered for the contractor’s convenience. This means the contractor, not the Government, bears the initial risk and consequence of the overdelivery.
Small excess may be kept free
The Government may retain excess quantities valued at $250 or less without paying the contractor. The contractor waives all right, title, and interest in those excess items once the Government elects to keep them.
Higher-value excess has two options
For excess quantities valued above $250, the Government may either return the items at the contractor’s expense or keep them and pay the contract unit price. The Government chooses which remedy is most appropriate.
Allowable variation controls first
Any contract-specified allowable variation must be considered before determining whether there is an excess. Only quantities beyond the permitted variation are treated as excess under this clause.
Unit price governs payment if retained
If the Government elects to keep excess quantities over the $250 threshold, payment is made at the contract unit price, not at a special premium or negotiated overage rate.
Responsibilities
Contracting Officer / Government
Determine whether delivered quantities exceed the contract quantity after accounting for any allowable variation. Decide whether to retain or return excess quantities over $250 in value, and if retained, pay the contract unit price.
Contractor
Deliver the exact quantity required by the contract, within any allowable variation. Bear the cost and risk of any excess quantities, including return costs if the Government elects to send them back.
Receiving Activity / Government Inspector
Identify and document overdeliveries when goods are received. Coordinate with the contracting officer on whether excess quantities should be retained, returned, or paid for under the clause.
Practical Implications
This clause is a simple but important control on overshipment: contractors should not assume the Government will automatically pay for extra units just because they were delivered.
The $250 threshold is based on value, not quantity, so even a small number of high-value items can trigger return-or-pay treatment.
Contractors should pay close attention to allowable variations in the contract; an apparent overdelivery may actually be permitted if the variation clause applies.
If the Government chooses to return excess items, the contractor bears the expense, so poor quantity control can create avoidable logistics and cost impacts.
For contracting officers and receiving personnel, accurate counting and prompt documentation are essential to avoid disputes over whether an overdelivery occurred and how it should be handled.
Official Regulatory Text
As prescribed in 11.703 (b) , insert the following clause: Delivery of Excess Quantities (Sept 1989) The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor’s expense or retained and paid for by the Government at the contract unit price. (End of clause)