52.214-20
Bid Samples
Timely submission of compliant bid samples is critical for bid acceptance in procurements requiring them, and waivers are possible only under specific, documented circumstances.
Overview
FAR 52.214-20 outlines the requirements for bid samples in sealed bidding procurements. Bid samples are physical product samples that bidders must submit to demonstrate characteristics that cannot be fully described in written specifications, such as usability or appearance. This provision ensures the government can evaluate whether offered products meet all required characteristics before awarding a contract.
Key Rules
- Definition and Submission of Bid Samples
- Bidders must submit bid samples by the deadline specified in the solicitation. Failure to do so generally results in bid rejection, except for certain late submissions sent by mail.
- Evaluation of Bid Samples
- The government will test or evaluate the samples for compliance with listed characteristics. Products delivered under contract must match the approved sample for tested characteristics and meet specifications for all others.
- Cost and Return of Samples
- Unless otherwise stated, samples are submitted at no cost to the government and are returned at the bidder’s request and expense, unless destroyed during testing.
- Waiver of Bid Sample Requirement (Alternate I & II)
- The Contracting Officer may waive the bid sample requirement if the bidder previously supplied an identical, accepted product to the government, and (for Alternate II) if the product will be produced at the same facility as before.
Responsibilities
- Contracting Officers: Specify bid sample requirements, evaluate samples, and determine eligibility for waivers.
- Contractors/Bidders: Submit required samples on time, ensure samples meet all listed characteristics, and request return of samples if desired.
- Agencies: Oversee compliance and ensure fair evaluation of samples.
Practical Implications
- This provision ensures product quality and suitability before contract award, reducing risk for the government. Contractors must carefully track sample submission deadlines and ensure their samples fully represent their offered products. Missing deadlines or submitting non-conforming samples can result in bid rejection.