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  • Question

    When working on constructing the solicitation, I can only find FAR clause 52.211-5 applicable to remanufactured and new items. However, FAR 11.304 states this is only applicable to non-commercial items. FAR 11.302 makes reference to new and remanufactured commercial items but I can't find a clause for this prescription. Is there an applicable clause for commercial items for remanufactured and new within the same solicitation? Are there are clauses or criteria that should be included?


    Answer

    There is not a clause analogous to 52.211-5 for commercial items.  Essentially, acquisitions under FAR Part 12 grant the government the same rights and responsibilities as other commercial buyers.  Thus, if refurbished/remanufactured items are acceptable to other commercial buyers, they should be considered acceptable to the government.  It appears that the customer’s preference for a performance specification indicates concurrence with that position.
    In the event, the contracting officer believes that a variation from the commercial practice is necessary, the contracting officer has authority to tailor instructions to the offerors and to tailor contract terms and conditions if the waiver requirements of FAR Subpart 12.302(c) are met.


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