14.202-5 Descriptive literature
Source: FAR 14.202-5 on acquisition.gov
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.
(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.