52.214-21 Descriptive Literature
Source: FAR 52.214-21 on acquisition.gov
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.
As prescribed in 14.201-6(p)(1), insert the following provision:
Descriptive Literature (Apr 2002)
(a) "Descriptive literature," as used in this provision, means information furnished by a bidder, such as cuts, illustrations, drawings, and brochures, that shows a product’s characteristics or construction or explains its operation. The term includes only that information required to evaluate the acceptability of the product and excludes other information for operating or maintaining the product.
(b) Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as-
(1) Design;
(2) Materials;
(3) Components;
(4) Performance characteristics; and
(5) Methods of manufacture, assembly, construction, or operation.
(c) Descriptive literature, required elsewhere in this solicitation, shall be-
(1) Identified to show the item(s) of the offer to which it applies; and
(2) Received by the time specified in this solicitation.
(d) If the bidder fails to submit descriptive literature on time, the Government will reject the bid, except that late descriptive literature sent by mail may be considered under the Late Submissions, Modifications, and Withdrawals of Bids provision of this solicitation.
(e) If the descriptive literature fails to show that the product offered conforms to the requirements of the solicitation, the Government will reject the bid.
(End of provision)
Alternate I (Jan 2017). As prescribed in 14.201-6 (p)(2), add the following paragraphs (f) and (g) to the basic provision:
(f) The Contracting Officer may waive the requirement for furnishing descriptive literature if the offeror has supplied a product that is the same as that required by this solicitation under a prior contract. A bidder that requests a waiver of this requirement shall provide the following information:
Prior contract number ____________
Date of prior contract ____________
Line item number of product supplied ______
Name and address of Government activity to which delivery was made ___________________________
Date of final delivery of product supplied ____________
(g) Bidders shall submit bids on the basis of required descriptive literature or on the basis of a previously supplied product under paragraph (f) of this provision. A bidder submitting a bid on one of these two bases may not elect to have its bid considered on the alternative basis after the time specified for receipt of bids. The Government will disregard a bidder's request for a waiver under paragraph (f) if that bidder has submitted the descriptive literature requested under this solicitation.