14.202-5
Descriptive literature
Only require descriptive literature from bidders when it is essential for evaluating product acceptability, and always document and communicate requirements clearly.
Overview
FAR 14.202-5 outlines the requirements and procedures for requesting and handling descriptive literature in sealed bidding. Descriptive literature refers to information such as drawings, brochures, or other documents that describe the products offered by bidders. The regulation restricts the requirement for such literature to situations where it is necessary to determine product acceptability before award and mandates clear communication and documentation when it is required.
Key Rules
- Policy on Requiring Descriptive Literature
- Contracting officers should only require descriptive literature when it is essential to evaluate whether a product meets specifications and to clarify what is being offered.
- Justification Requirement
- The contracting officer must document in the contract file why descriptive literature is necessary, unless specifications already require it.
- Invitation for Bids Requirements
- Invitations must specify what literature is required, its purpose, how it will be evaluated, and consequences for non-compliance.
- Waiver of Requirement
- The requirement can be waived if the bidder offers a product previously or currently furnished and it meets current specifications; waivers must be documented and communicated in the solicitation.
- Handling Unsolicited Literature
- If literature is submitted without being required, specific procedures in FAR 14.202-4(f) must be followed.
Responsibilities
- Contracting Officers: Determine necessity, document justification, clearly state requirements in solicitations, and process waivers appropriately.
- Contractors: Submit required literature as specified, understand waiver options, and avoid submitting unsolicited literature unless permitted.
- Agencies: Ensure oversight of compliance and proper documentation in contract files.
Practical Implications
- This section ensures that descriptive literature is only requested when truly necessary, reducing unnecessary administrative burden for both agencies and contractors. Clear requirements and waiver processes help prevent bid disqualification due to misunderstandings. Common pitfalls include failing to justify the need for literature or not specifying requirements clearly in the solicitation.