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  • Question

    . Under 52.211-5 is the returned WRA to be treated as new or does the contractor have to obtain PCO permission to install on the next aircraft as "other than new material".


    Answer

    FAR 52.211-5 -- Material Requirements provides the definition for “New” which is:
     
    “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.
     
    The original item that was installed in the aircraft “failed” and was replaced with another unit that enabled the aircraft to successfully complete DCMA testing.  The “failed” unit was sent back to the supplier who fixed it and returned it to the prime for installation on the next aircraft.  Even though the information provided in this Ask-A-Professor Question does not indicate what the supplier did to fix the problem it is obvious that something had to be done to the unit in order for it to be “restored to the original normal operating condition.”  This meets the definition that is provided in FAR 52.211-5 for “Reconditioned” which “means restored to the original normal operating condition by readjustments and material replacement.”  By the definition provided in this clause the unit is “Reconditioned” and not “New.”  Since I do not have access to the contract, modifications, special terms and conditions, correspondence, or other requirements regarding PCO permission or other requirements I recommend that you contact your Contract Administration Office or Contracting Officer for further guidance.

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