As prescribed in 11.304-91(a), insert the following clause:
GOVERNMENT SURPLUS MATERIAL (APR 2002) - DLAD
(Previous versions of this clause are considered obsolete.)
(a) Definition.
“Surplus material,” as used in this clause, means new, unused material that was purchased and accepted by the U.S. Government and subsequently sold
- by the Defense Reutilization and Marketing Service (DRMS),
- by contractors authorized by DRMS,
- or through another Federal Government surplus program.
The terms “surplus” and “Government surplus” are used interchangeably in this clause.
(b) The Offeror agrees to complete this clause and provide supporting documentation as necessary to demonstrate that the surplus material being offered was previously owned by the Government and meets solicitation requirements.
- The Offeror must provide this information and any supporting documentation on or before the date that quotes/offers are due;
- or within the timeframe specified by the Contracting Officer, if additional documentation is requested after submission of the offer.
- Failure to provide the requested information and supporting documentation within the timeframe requested may result in rejection of the offer.
- Unless the solicitation states otherwise, Offerors of surplus material are authorized to open packages, inspect material, and reseal packages.
○ Each time this is done, the Offeror’s authorized representative or inspector must sign the packages where they were resealed and annotate the date of inspection.
(c) With respect to the surplus material being offered, the Offeror represents that:
(1) The material is new, unused, and not of such age or so deteriorated as to impair its usefulness or safety. Yes __ No __
a. The material conforms to the technical requirements cited in the solicitation (e.g., Contractor and Government Entity (CAGE) code and part number, specification, etc.). Yes __ No __
b. The material conforms to the revision letter/number, if any is cited.
The material was manufactured by:
(Name): ____________________________________________________
(Address): ___________________________________________________
(2) The Offeror currently possesses the material. Yes __ No __
a) If no, the Offeror must attach or forward to the Contracting Officer an explanation as to how the offered quantities will be secured.
b) If yes, the Offeror purchased the material from a Government selling agency or other source. Yes __ No __
Government Selling Agency: _____________________________________________
Contract Number: _________ _________________________________________
Contract Date: (Month, Year):_________________________________________
Other Source: ______________________________________________
Address:_____________________________________________
Date Acquired: (Month/Year) _____________________________
(4) The material has been reconditioned. Yes __ No __
If yes, (i) the price offered includes the cost of reconditioning /refurbishment. Yes __ No __; and
(ii) the Offeror must attach or forward to the Contracting Officer a complete description of any work done or to be done, including the components to be replaced and the applicable rebuild standard.
The material contains cure-dated components. Yes __ No __
if yes, the price includes replacement of cure-dated components. Yes __ No __
(6) The offered material is in its original package. Yes __ No __
(If yes, the Offeror has stated below all original markings and data cited on the package; or has attached or forwarded to the Contracting Officer a copy or facsimile of original package markings.)
Contract Number ______________________________________
NSN____________________________________________________
CAGE Code___________________________
PART NUMBER_______________________________________
OTHER MARKINGS/DATA_________________________________
(7) The Offeror has supplied this same material (National Stock Number) to the Government before. Yes __ No __
If yes, (i) the material being offered is from the same original Government contract number as that provided previously. Yes __ No __; and
(ii) state below the Government Agency and contract number under which the material was previously provided:
Agency ______________________________________________
Contract Number________________________________________
(8) The material is manufacturered in accordance with a specification or drawing. Yes __ No __
If yes, (i) the specification/drawing is in the possession of the Offeror. Yes __ No __; and
(ii) the Offeror has stated the applicable information below, or forwarded a copy or facsimile to the Contracting Officer. Yes __ No __
Specification/Drawing Number ___________________________________
Revision (if any) _______________________________________________
Date________________________________________________________
(9) The material has been inspected for correct part number and for absence of corrosion or any obvious defects. Yes __ No __
If yes, (i) Material has been re-preserved. Yes __ No __;
(ii) Material has been repackaged. Yes __ No __;
(iii) Percentage of material that has been inspected is ______%
and/or number of items inspected is _______; and
(iv) a written report was prepared. Yes __ No __
If yes, the Offeror has attached it or forwarded it to the Contracting Officer. Yes__ No__
(d) The Offeror agrees that in the event of award and notwithstanding the provisions of the solicitation, inspection and acceptance of the surplus material will be performed at source or destination subject to all applicable provisions for source or destination inspection.
(e) The Offeror has attached or forwarded to the Contracting Officer one of the following, to demonstrate that the material being offered was previously owned by the Government (Offeror check which one applies):
___ For national or local sales, conducted by sealed bid, spot bid or auction methods, a solicitation/Invitation For Bid and corresponding DRMS Form 1427, Notice of Award, Statement and Release Document.
___ For DRMS Commercial Venture (CV) Sales, the shipment receipt/delivery pass document and invoices/receipts used by the original purchaser to resell the material.
___ For DRMS Recycling Control Point (RCP) term sales, the statement of account or billing document.
___ For property sold under the exchange or sale regulation, conducted by sealed bid, auction or retail methods, a solicitation/Invitation for Bid and corresponding DRMS Form 1427.
___ When the above documents are not available, or if they do not identify the specific NSN being acquired, a copy or facsimile of all original package markings and data, including NSN, Commercial and Government Entity (CAGE) code and part number, and original contract number. (This information has already been provided in paragraph (c)(6) of this clause. Yes __ No __.)
___ When none of the above are available, other information to demonstrate that the offered material was previously owned by the Government. Describe and/or attach.
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
(f) This clause only applies to offers of Government surplus material. Offers of commercial surplus, manufacturer’s overruns, residual inventory resulting from terminated Government contracts, and any other material that meets the technical requirements in the solicitation but was not previously owned by the Government will be evaluated in accordance with the provision at 52.217-9002.
(g) Offers of critical safety items must comply with the additional requirements in 52.211-9005.
(h) If requested by the Contracting Officer, the Offeror shall furnish:
- sample units, in the number specified, to the Contracting Officer or to another location specified by the Contracting Officer, within 10 days after the Contracting Officer's request.
- The samples will be furnished at no cost to the Government.
- All such samples not destroyed in evaluation will be returned at the Offeror's expense.
- The samples will be evaluated for form, fit, and function with subassembly, assembly, or equipment with which the items are to be used
- End items furnished under any contract award to the Offeror furnishing the samples can include the returned samples, and all acceptable end items will have a configuration identical to the samples.
- If specific tests of the samples' performance are made by the Government, the Offeror will be furnished the results of such tests prior to a contract being entered into.
- In addition to any other inspection examinations and tests required by the contract, the performance of the end items will be required to be as good as that of the samples submitted insofar as specific performance tests have been made by the Government and the results thereof furnished to the Offeror.
(i) In the event of award, the Contractor will be responsible for providing material that is in full compliance with all requirements in the contract or order, whether or not the Contractor has possession of applicable drawings or specifications, and despite the fact that the Government is unable to conduct in-process inspection.
- The Contractor’s responsibility to perform is not diminished by compliance with the requirement to demonstrate that the offered material was previously owned by the Government.
- The material to be furnished must meet the requirements of the current contract or order, whether or not the material met Government requirements in existence at the time the material was initially manufactured or sold to the Government.
- The Government has the right to cancel any resulting purchase order or terminate any resulting contract for default if unacceptable material is tendered.
(j) If higher level quality requirements apply to the material being acquired, those requirements do not apply to surplus material furnished under this contract.
ALT I (Aug 2008)
As prescribed in 11.304-91(a)(3), delete paragraphs (a)-(j) of the basic clause, and insert the following:
THE ITEM BEING SOLICITED IS A LIFE SUPPORT ITEM. DUE TO THE ITEM’S CRITICAL NATURE, OFFERS OF SURPLUS MATERIAL WILL ONLY BE EVALUATED TO ACCOMMODATE UNIQUE CONTINGENCIES, SUCH AS WHEN THE AIRCRAFT/SYSTEM IS OBSOLETE; THE ORIGINAL EQUIPMENT MANUFACTURER IS OUT OF BUSINESS; OR THE SOLE SOURCE VENDOR DOES NOT RESPOND. IF THE GOVERNMENT DETERMINES TO EVALUATE AN OFFER OF SURPLUS MATERIAL, THE OFFEROR SHALL PROVIDE ALL INFORMATION REQUIRED AND CONFORM TO ALL TERMS AND CONDITIONS IN THE CLAUSE AT 52.211-9000, GOVERNMENT SURPLUS MATERIAL.
(End of clause)
