[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: 48CFR14.202-5]



[Page 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. 14.202-5  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]