[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR14.202-5]

[Page 223]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 14_SEALED BIDDING--Table of Contents
 
                    Subpart 14.2_Solicitation of Bids
 
Sec.  14.202-5  Descriptive literature.

    (a) Policy. Contracting officers must not require bidders to furnish 
descriptive literature unless it is needed before award to determine 
whether the products offered meet the specification and to establish 
exactly what the bidder proposes to furnish.
    (b) Justification. The contracting officer must document in the 
contract file the reasons why product acceptability cannot be determined 
without the submission of descriptive literature, except when the 
contract specifications require submission.
    (c) Requirements of invitation for bids. (1) The invitation must 
clearly state--
    (i) What descriptive literature the bidders must furnish;
    (ii) The purpose for requiring the literature;
    (iii) The extent of its consideration in the evaluation of bids; and
    (iv) The rules that will apply if a bidder fails to furnish the 
literature before bid opening or if the literature provided does not 
comply with the requirements of the invitation.
    (2) If bidders must furnish descriptive literature, see 14.201-6(p).
    (d) Waiver of requirement for descriptive literature. (1) The 
contracting officer may waive the requirement for descriptive literature 
if--
    (i) The bidder states in the bid that the product being offered is 
the same as a product previously or currently being furnished to the 
contracting activity; and
    (ii) The contracting officer determines that the product offered by 
the bidder complies with the specification requirements of the current 
invitation for bids. When the contracting officer waives the 
requirement, see 14.201-6(p)(2).
    (2) When descriptive literature is not necessary and a waiver of 
literature requirements of a specification has been authorized, the 
contracting officer must include a statement in the invitation that, 
despite the requirements of the specifications, descriptive literature 
will not be required.
    (3) If the solicitation provides for a waiver, a bidder may submit a 
bid on the basis of either the descriptive literature furnished with the 
bid or a previously furnished product. If the bid is submitted on one 
basis, the bidder may not have it considered on the other basis after 
bids are opened.
    (e) Unsolicited descriptive literature. If descriptive literature is 
furnished when it is not required by the invitation for bids, the 
procedures set forth in 14.202-4(f) must be followed.

[67 FR 13055, Mar. 20, 2002]