FAR 52.214-21 - Descriptive Literature

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Prescribed in 14.201-6(p)(1)
Effective Date:	1 April 2002
Clause or Provision:	Provision
Provision or Clause Number:	52.214-21 - Descriptive Literature
Principle Type And/Or Purpose of Contract:
Required:
Applicable:	Leasing of Motor Vehicles; Fixed Price, Service; Indefinite Delivery
Optional:	Utility Services; Simplified Acquisition Procedures (Excludes Micro-Purchase); Facilities; Dismantling, Demolition or Removal of Improvements; Fixed Price, Construction; Time & Material/Labor Hour; Cost Reimbursement, Construction; Cost Reimbursement, Supply; Cost Reimbursement, Service
Subject:	Bid & Proposal
ProcurementType:
Contract Threshold:
Prescription Overview:	Prescription (p) (1) Insert the provision at 52.214-21, Descriptive Literature, in invitations for bids if— (i) Descriptive literature is required to evaluate the technical acceptability of an offered product; and (ii) The required information will not be readily available unless it is submitted by bidders. (2) Use the basic clause with its Alternate I if the possibility exists that the contracting officer may waive the requirement for furnishing descriptive literature for a bidder offering a previously supplied product that meets specification requirements of the current solicitation.
Clause Overview:	Provision (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. Alternate Alternate I (Apr 2002) 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 ________________________________ 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.
Important Notes/Requirements:
Subcontract Threshold:
Incorporated by Reference:	Yes
Uniform Contract Format:	L
Editor:	Marshall

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Personal notes.