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  • Question

    Can the Government purchase reconditioned IT equipment?


    Answer

    The FAR authorizes the purchase of used, refurbished or reconditioned material, provided the offeror discloses the information as follows:

    For commercial items,
    FAR 11.302(b)(2) states “when acquiring commercial items, the contracting officer must consider the customary practices in the industry for the item 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 such 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.”

    For other than commercial items,
    FAR 11.302(b)(1) states “when acquiring other than commercial items, agencies must require offerors to identify used, reconditioned, or remanufactured supplies, or unused former Government surplus property, proposed for use under the contract. Such supplies or property may not be used in contract performance unless authorized by the contracting officer.”  Insert the clause at 52.211-5, Material Requirements, in solicitations and contracts for supplies that are not commercial items.

    As we do not have all the facts particular to your contract, program, and/or situation, we highly recommend you consult with your Contracting Officer, Legal Office, and research any restrictions imposed by your internal agency regulations.




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