FAR 52.211-5—Material Requirements.
Plain-English Summary
FAR 52.211-5, Material Requirements, tells contractors and contracting officers what kinds of materials may be used to satisfy a contract and how non-new items must be proposed and approved. It defines the key terms "new," "reconditioned," "recovered material," "remanufactured," and "virgin material," so both sides understand what counts as acceptable supply. The clause establishes the default rule that, unless the contract specifically requires virgin material or supplies made from virgin material, the contractor may furnish new, reconditioned, or remanufactured supplies. It also addresses the special case of unused former Government surplus property, requiring a complete description, quantity, source agency, and acquisition date in the proposal. For used, reconditioned, remanufactured, or surplus items, the contractor must submit a detailed description and obtain Contracting Officer approval before use. In practice, this clause is about controlling material quality, ensuring transparency when non-new items are offered, and giving the Government the ability to approve or reject alternate material sources based on contract needs, performance, reliability, and life expectancy.
Key Rules
Key material definitions
The clause defines "new," "reconditioned," "recovered material," "remanufactured," and "virgin material." These definitions matter because they determine whether an item is acceptable under the contract and whether special approval or disclosure is required.
Default allowance for non-virgin supplies
Unless the contract specifically requires virgin material or supplies made from virgin material, the contractor may provide supplies that are new, reconditioned, or remanufactured. This gives contractors flexibility, but only within the limits of the contract and the clause's definitions.
New includes certain recovered inputs
A supply can still be considered "new" even if it is made from recovered material in the form of raw material or from materials and by-products reused within the original manufacturing process, so long as the supplies meet contract requirements for performance, reliability, and life expectancy.
Disclosure for surplus property
If the contractor proposes to use unused former Government surplus property, the proposal must identify the material, quantity, source Government agency, and date of acquisition. This allows the Government to evaluate the item and its provenance before approving use.
Approval required for used or rebuilt items
A proposal to provide used, reconditioned, or remanufactured supplies must include a detailed description and be submitted to the Contracting Officer for approval. These items cannot be used in performance unless the contractor has proposed them and the Contracting Officer has authorized their use.
No unauthorized substitution
Used, reconditioned, remanufactured, or surplus property may be used only if both conditions are met: the contractor proposed the item and the Contracting Officer approved it. Using such items without approval is a contract noncompliance risk.
Responsibilities
Contracting Officer
Determine whether the contract requires virgin material or allows alternative material types; review proposals for used, reconditioned, remanufactured, or surplus property; and approve or disapprove proposed non-new supplies before they are used in performance.
Contractor
Provide supplies that meet the contract's material requirements; understand and apply the clause definitions; disclose and describe any proposed use of unused former Government surplus property; submit detailed proposals for used, reconditioned, or remanufactured supplies; and obtain Contracting Officer approval before using those items.
Agency/Customer
Specify in the contract when virgin material or virgin-based supplies are required, if that higher standard is necessary for the acquisition; otherwise rely on the clause's default framework for acceptable material types.
Practical Implications
Contractors should confirm early whether the solicitation or contract requires virgin material, because that requirement overrides the clause's more flexible default rule.
If a contractor wants to use surplus, used, reconditioned, or remanufactured items, it should submit complete documentation early enough to avoid schedule delays while waiting for approval.
The clause is not just about whether an item is "used" in a general sense; the exact definition matters, especially for items made from recovered material or rebuilt to original specifications.
Contracting Officers should look closely at performance, reliability, and life expectancy when evaluating whether a proposed material source is acceptable, especially for critical supplies.
A common pitfall is assuming that a lower-cost rebuilt or surplus item is automatically acceptable; without proper proposal and approval, its use can create a compliance issue even if the item is technically serviceable.
Official Regulatory Text
As prescribed in 11.302 , insert the following clause: Material Requirements (Aug 2000) (a) Definitions . As used in this clause- New means composed of previously unused components, whether manufactured from virgin material, recovered material in the form of raw material, or materials and by-products generated from, and reused within, an original manufacturing process; provided that the supplies meet contract requirements, including but not limited to, performance, reliability, and life expectancy. Reconditioned means restored to the original normal operating condition by readjustments and material replacement. Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. Remanufactured means factory rebuilt to original specifications. Virgin material means- (1) Previously unused raw material, including previously unused copper, aluminum, lead, zinc, iron, other metal or metal ore; or (2) Any undeveloped resource that is, or with new technology will become, a source of raw materials. (b) Unless this contract otherwise requires virgin material or supplies composed of or manufactured from virgin material, the Contractor shall provide supplies that are new, reconditioned, or remanufactured, as defined in this clause. (c) A proposal to provide unused former Government surplus property shall include a complete description of the material, the quantity, the name of the Government agency from which acquired, and the date of acquisition. (d) A proposal to provide used, reconditioned, or remanufactured supplies shall include a detailed description of such supplies and shall be submitted to the Contracting Officer for approval. (e) Used, reconditioned, or remanufactured supplies, or unused former Government surplus property, may be used in contract performance if the Contractor has proposed the use of such supplies, and the Contracting Officer has authorized their use. (End of clause)