Descriptive Literature
Bidders must submit required descriptive literature by the solicitation deadline or risk bid rejection, unless eligible for and properly requesting a waiver under Alternate I.
Overview
FAR 52.214-21, Descriptive Literature, requires bidders to submit specific product information (such as drawings, brochures, or illustrations) when requested in a solicitation. This provision ensures that the government can evaluate whether the offered products meet the solicitation’s requirements for design, materials, components, performance, and manufacturing methods. The provision details what constitutes descriptive literature, when and how it must be submitted, and the consequences of failing to provide it or providing insufficient information. Alternate I allows for a waiver of the descriptive literature requirement if the bidder has previously supplied the same product to the government, provided certain information is submitted. Bidders must choose to submit either descriptive literature or request a waiver, but not both after the bid deadline.
Key Rules
- Definition of Descriptive Literature
- Only information necessary to evaluate product acceptability (not operating/maintenance info) is required.
- Submission Requirements
- Descriptive literature must be clearly identified to the relevant item(s) and received by the solicitation deadline.
- Consequences of Non-Compliance
- Late or insufficient descriptive literature generally results in bid rejection, with limited exceptions for late mail.
- Alternate I Waiver
- Bidders may request a waiver if they have previously supplied the same product, but must provide detailed prior contract information.
- Exclusive Basis for Bid
- Bidders must choose to submit either descriptive literature or a waiver request, not both after the deadline.
Responsibilities
- Contracting Officers: Specify when descriptive literature is required, enforce submission deadlines, and evaluate compliance.
- Contractors: Submit required descriptive literature or request a waiver with supporting documentation, ensuring all information is timely and complete.
- Agencies: Oversee bid evaluation and ensure fair application of the provision.
Practical Implications
- This provision ensures the government receives sufficient technical detail to evaluate products before award, reducing risk of non-conforming supplies.
- Contractors must pay close attention to solicitation instructions and deadlines to avoid automatic rejection.
- Common pitfalls include submitting incomplete literature, missing deadlines, or misunderstanding waiver eligibility.