14.404-4
Restrictions on disclosure of descriptive literature
Restricting public disclosure of descriptive literature in a way that prevents competitors from understanding key bid elements can render a bid nonresponsive and lead to rejection.
Overview
FAR 14.404-4 addresses the handling of descriptive literature submitted with bids in sealed bidding. If a bidder restricts public disclosure of descriptive literature to the extent that it prevents other bidders from understanding the essential nature, type, quantity, price, or delivery terms of the offered products, the bid may be deemed nonresponsive and rejected. This ensures transparency and fair competition by allowing all bidders access to critical information. However, this restriction does not apply to unsolicited descriptive literature that does not qualify the bid, as referenced in FAR 14.202-5(e).
Key Rules
- Disclosure Restrictions on Descriptive Literature
- Bids that restrict public disclosure of descriptive literature, preventing competitors from understanding key bid elements, may be rejected as nonresponsive.
- Exception for Unsolicited Literature
- Restrictions do not apply to unsolicited descriptive literature that does not qualify the bid.
Responsibilities
- Contracting Officers: Must evaluate whether disclosure restrictions on descriptive literature affect bid responsiveness and ensure compliance with transparency requirements.
- Contractors: Must avoid imposing disclosure restrictions that prevent competitors from understanding essential bid elements.
- Agencies: Oversee bid evaluation for compliance with disclosure requirements and ensure fair competition.
Practical Implications
- This rule exists to promote transparency and fair competition in sealed bidding.
- Contractors risk bid rejection if they restrict disclosure of critical descriptive literature.
- Common pitfalls include misunderstanding what constitutes "essential information" or improperly restricting literature that is necessary for bid evaluation.