Jump to content
The Wifcon Forums and Blogs

Recommended Posts

2 hours ago, chrisjackson said:

Is it possible to reuse leftover construction materials for a new construction project?

Welcome to the Forum, Chris. 

1. The government can reuse and provide leftover construction materials to its contractor as government furnished material or government furnished equipment.

2. More info is needed if the question pertains to contractor “reuse” of left over materials. Here is the general requirement, assuming that this mandatory clause is in the construction contract:
 

“52.236-5   Material and Workmanship.

As prescribed in 36.505, insert the following clause:

Material and Workmanship (APR 1984)

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract...”

 

Since manufacturers’ material and equipment standard extended warranties might begin earlier than the date of acceptance or installation , the government should obtain the full benefit of such warranties, if applicable. Depending upon the period between original purchase and use on a later project, I might personally argue (if I know about it)  that some material or equipment even though unused and like new condition wouldn’t be acceptable if an extended warranty is expired or near expiration or if I otherwise don’t obtain the full benefit of the extended warranty.  See also 52.246-21 Warranty of Construction. 

On the other hand, if the contractor maintains an inventory of new and unused materials, It might be normal and perfectly acceptable.

Another consideration might be whether the materials or equipment are superseded or currently being sold as new. 

It depends upon what materials are involved, and specific details.

Link to post
Share on other sites

Generally, there should not be left-over construction materials.  

  • Ideally, the Government should enforce the clause at FAR 52.236-12, Cleaning Up, at the end of every construction contract. 
     
  • And ideally, for contractor inventory ("any property acquired by and in the possession of a Contractor or subcontractor under a contract for which title is vested in the Government and which exceeds the amounts needed to complete full performance under the entire contract"), the Government should use the contractor inventory disposal process of the clause at FAR 52.245-1, Government Property, to get rid of that property.

But you didn't ask for ideal -- you asked if it is possible.  All that being said, YES, the property may be used as GFP on another contract.  If so, then considerations like those Joel pointed out are important.

Link to post
Share on other sites

I didn’t consider all of the ramifications of the government using government owned materials it paid for under one appropriation for a project funded under another appropriation. It “might be” considered augmentation. if this is the situation, the government should probably consult counsel if there is a significant amount of left over materials.

I'm guessing here though, that this is a situation where a contractor wants to use materials left over from another job. The OP might be government or might be the contractor.

Link to post
Share on other sites
20 minutes ago, joel hoffman said:

I'm guessing here though, that this is a situation where a contractor wants to use materials left over from another job. The OP might be . . . the contractor.

Good point, that might be so -- in such a case, I am not aware of a general FAR prohibition, as long as it meets specification, Buy American, new-and-unused, and so forth.  Just check the contract itself to be sure.

Link to post
Share on other sites
4 hours ago, chrisjackson said:

Is it possible to reuse leftover construction materials for a new construction project?

If the above responses do not clarify your situation, could you please give more details such as:

1. Is there a contract between two or more parties? Who are they, a contractor and the government, or ???

2. What type contract is it i.e., fixed price, cost type, etc?

3. Who initially provided the materials?

4. What is the description of the material?

5. What does "reuse" mean? Does it mean it is used material now or still the same new material that was initially provided?

6. Why is it "leftover?"

7. Who are the contract parties involved with the new construction project? Is that a different contract?

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...