[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR14.202-4]



[Page 232-233]

 

            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. 14.202-4  Bid samples.



    (a) Policy. (1) Bidders shall not be required to furnish bid samples 

unless there are characteristics of the product that cannot be described 

adequately in the specification or purchase description.

    (2) Bid samples will be used only to determine the responsiveness of 

the bid and will not be used to determine a bidder's ability to produce 

the required items.

    (3) Bid samples may be examined for any required characteristic, 

whether or not such characteristic is adequately described in the 

specification, if listed in accordance with subdivision (e)(1)(ii) 

below.

    (4) Bids will be rejected as nonresponsive if the sample fails to 

conform to each of the characteristics listed in the invitation.

    (b) When to use. The use of bid samples would be appropriate for 

products that must be suitable from the standpoint of balance, facility 

of use, general ``feel,'' color, pattern, or other characteristics that 

cannot be described adequately in the specification. However, when more 

than a minor portion of the characteristics of the product cannot be 

adequately described in the specification, products should be acquired 

by two-step sealed bidding or negotiation, as appropriate.

    (c) Justification. The reasons why acceptable products cannot be 

acquired without the submission of bid samples shall be set forth in the 

contract file, except where the submission is required by the formal 

specifications (Federal, Military, or other) applicable to the 

acquisition.

    (d) Requirements for samples in invitations for bids. (1) 

Invitations for bids shall--

    (i) State the number and, if appropriate, the size of the samples to 

be submitted and otherwise fully describe the samples required; and

    (ii) List all the characteristics for which the samples will be 

examined.

    (2) If bid samples are required, see 14.201-6(o).

    (e) Waiver of requirement for bid samples. (1) The requirement for 

furnishing bid samples may be waived when a bidder offers a product 

previously or currently being contracted for or tested by the Government 

and found to comply with specification requirements conforming in every 

material respect with those in the current invitation for bids. When the 

requirement may be waived, see 14.201-6(o)(2).

    (2) Where samples required by a Federal, Military, or other formal 

specification are not considered necessary and a waiver of the sample 

requirements of the specification has been authorized, a statement shall 

be included in the invitation that notwithstanding the requirements of 

the specification, samples will not be required.

    (f) Unsolicited samples. Bid samples furnished with a bid that are 

not required by the invitation generally will



[[Page 233]]



not be considered as qualifying the bid and will be disregarded. 

However, the bid sample will not be disregarded if it is clear from the 

bid or accompanying papers that the bidder's intention was to qualify 

the bid. (See 14.404-2(d) if the qualification does not conform to the 

solicitation.)

    (g) Handling bid samples. (1) Samples that are not destroyed in 

testing shall be returned to bidders at their request and expense, 

unless otherwise specified in the invitation.

    (2) Disposition instructions shall be requested from bidders and 

samples disposed of accordingly.

    (3) Samples ordinarily will be returned collect to the address from 

which received if disposition instructions are not received within 30 

days. Small items may be returned by mail, postage prepaid.

    (4) Samples that are to be retained for inspection purposes in 

connection with deliveries shall be transmitted to the inspecting 

activity concerned, with instructions to retain the sample until 

completion of the contract or until disposition instructions are 

furnished.

    (5) Where samples are consumed or their usefulness is impaired by 

tests, they will be disposed of as scrap unless the bidder requests 

their return.



[48 FR 42171, Sept. 19, 1983, as amended at 50 FR 1738, Jan. 11, 1985; 

50 FR 52429, Dec. 23, 1985; 67 FR 13055, Mar. 20, 2002]