52.214-20 Bid Samples
Source: FAR 52.214-20 on acquisition.gov
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.
As prescribed in 14.201-6(o)(1), insert the following provision:
Bid Samples (Apr 2002)
(a) "Bid sample" means a product sample required to be submitted by a bidder to show those characteristics of the offered products that cannot adequately be described by specifications, purchase descriptions, or the invitation for bid (e.g., balance, facility of use, or pattern).
(b) Bidders must furnish bid samples as part of the bid. The Government must receive the bid samples by the time specified in the invitation for bids. If the bidder fails to submit samples on time, the Government will reject the bid, except that the Contracting Officer will consider a late sample sent by mail under the Late Submissions, Modifications, and Withdrawals of Bids provision of this solicitation.
(c) The Government will test or evaluate bid samples to determine compliance with all the characteristics listed for examination in this solicitation. The Government will reject the bid when the sample fails to conform to the required characteristics. Products delivered under any resulting contract must conform to-
(1) The approved sample for the characteristics listed for test or evaluation; and
(2) The specifications for all other characteristics.
(d) Unless otherwise specified in the solicitation, bid samples shall be-
(1) Submitted at no expense to the Government; and
(2) Returned at the bidder’s request and expense, unless they are destroyed during preaward testing.
(End of provision)
Alternate I (May 2002). As prescribed in 14.201-6 (o)(2)(i), insert the following Alternate I:
(e) At the discretion of the Contracting Officer, the requirement for furnishing bid samples may be waived for a bidder if-
(1) The bid states that the offered product is the same as a product offered by the bidder to the _______________ [as appropriate, the Contracting Officer shall designate the contracting office or an alternate activity or office]; and
(2) The Contracting Officer determines that the previously offered product was accepted or tested and found to comply with specification and other requirements for technical acceptability conforming in every material respect with those in this solicitation.
Alternate II (May 2002). As prescribed in 14.201-6 (o)(2)(ii), insert the following Alternate II:
(e) At the discretion of the Contracting Officer, the requirements for furnishing bid samples may be waived for a bidder if-
(1) The bid states that the offered product is the same as a product offered by the bidder to the _________ [as appropriate, the Contracting Officer shall designate the contracting office or an alternate activity or office] on a previous acquisition;
(2) The Contracting Officer determines that the previously offered product was accepted or tested and found to comply with specification and other requirements for technical acceptability conforming in every material respect with those of this solicitation; and
(3) The product offered under this solicitation will be produced under a resulting contract at the same plant in which the previously acquired or tested product was produced.