41 C.F.R. § 51-6.13

Replacement and similar commodities

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(a) When a commodity on the Procurement List is replaced by another commodity which has not been recently procured, and a nonprofit agency can furnish the replacement commodity in accordance with the Government's quality standards and delivery schedules, the replacement commodity is automatically considered to be on the Procurement List and shall be procured from the nonprofit agency designated by the Committee at the fair market price the Committee has set for the replacement commodity. The commodity being replaced shall continue to be included on the Procurement List until there is no longer a Government requirement for that commodity.

(b) If contracting activities desire to procure additional sizes, colors, or other variations of a commodity after the commodity is added to the Procurement List, and these similar commodities have not recently been procured, these commodities are also automatically considered to be on the Procurement List.

(c) In accordance with § 51-5.3 of this chapter, contracting activities are not permitted to purchase commercial items that are essentially the same as commodities on the Procurement List.

[59 FR 59344, Nov. 16, 1994]

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2021–2022 · leading case: Goodwill Indus. of South Florida, Inc. v. United States (Fed. Cl. 2022).

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Goodwill Indus. of South Florida, Inc. v. United States (Fed. Cl. 2022). · cites it 11× “41 C.F.R. § 51-6.13 (2020). In addition, the Federal Acquisition Regulations (FAR), at Title 48 of the Code of Federal Regulations, contains regulations which further implement the JWOD Act.”

Goodwill Indus. of South Florida, Inc. v. United States (Fed. Cl. 2021). · cites it 4× “The regulations at 41 C.F.R. § 51-6.13 also provided that (a) When a commodity on the Procurement List is replaced by another commodity which has not been recently procured, and a nonprofit agency can furnish the replacement commodity in accordance with the Government's quality…”

— 41 C.F.R. § 51-6.13(b) — 2 cases

Goodwill Indus. of South Florida, Inc. v. United States (Fed. Cl. 2022). “41 C.F.R. § 51-6.13 (2020). In addition, the Federal Acquisition Regulations (FAR), at Title 48 of the Code of Federal Regulations, contains regulations which further implement the JWOD Act.”

Goodwill Indus. of South Florida, Inc. v. United States (Fed. Cl. 2021). “The regulations at 41 C.F.R. § 51-6.13 also provided that (a) When a commodity on the Procurement List is replaced by another commodity which has not been recently procured, and a nonprofit agency can furnish the replacement commodity in accordance with the Government's quality…”

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