Bid samples
Bid samples should only be required when product characteristics cannot be adequately described in specifications, and must be clearly justified and managed according to FAR procedures.
Overview
FAR 14.202-4 outlines the requirements and procedures for requesting and handling bid samples in sealed bidding. Bid samples are only required when product characteristics cannot be adequately described in specifications or purchase descriptions. The regulation details when bid samples are appropriate, how to justify their use, what must be included in invitations for bids, and how to handle both required and unsolicited samples. It also covers the waiver of bid sample requirements and the proper disposition of samples after evaluation.
Key Rules
- Bid Sample Requirement
- Bid samples should only be required if certain product characteristics cannot be described in the specification.
- Use of Bid Samples
- Samples are used solely to determine bid responsiveness, not the bidder’s production capability.
- Invitation Requirements
- Invitations must specify the number, size, and characteristics for which samples will be examined.
- Waiver of Samples
- The requirement can be waived if the product has previously met government specifications or if formal specifications allow.
- Handling and Disposition
- Procedures are provided for returning, retaining, or disposing of samples, including unsolicited ones.
Responsibilities
- Contracting Officers: Must justify the need for samples, specify requirements in solicitations, and manage sample handling and waivers.
- Contractors: Must submit samples only when required and ensure they meet all listed characteristics.
- Agencies: Must document justifications and follow proper procedures for sample disposition.
Practical Implications
This section ensures bid samples are only requested when absolutely necessary, reducing unnecessary burden on bidders and agencies. It clarifies when and how samples should be used, documented, and handled, helping prevent disputes over responsiveness and ensuring fair evaluation. Common pitfalls include failing to specify sample requirements or improperly handling unsolicited samples.