FAR 52.214-20 - Bid Samples

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Prescribed in 14.201-6(o)(1)
Effective Date:	1 April 2002
Clause or Provision:	Provision
Provision or Clause Number:	52.214-20 - Bid Samples
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; 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 (o) (1) Insert the provision at 52.214-20, Bid Samples, in invitations for bids if bid samples are required. (2) If it appears that the conditions in 14.202-4(e)(1) will apply and the contracting officer anticipates granting waivers and— Alternates Alternate I (i) If the nature of the required product does not necessitate limiting the grant of a waiver to a product produced at the same plant in which the product previously acquired or tested was produced, use the provision with its Alternate I; or Alternate II (ii) If the nature of the required product necessitates limiting the grant of a waiver to a product produced at the same plant in which the product previously acquired or tested was produced, use the provision with its Alternate II.
Clause Overview:	Provision (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. Alternates 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.
Important Notes/Requirements:
Subcontract Threshold:
Incorporated by Reference:	Yes
Uniform Contract Format:	L
Editor:	Marshall

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Personal notes.