FAR 14.202-5—Descriptive literature.
Plain-English Summary
FAR 14.202-5 governs when and how a contracting officer may require descriptive literature in sealed bidding, and it is designed to prevent unnecessary bid burdens while still giving the Government enough information to evaluate product acceptability before award. This section covers the policy limiting such requirements, the need to justify and document the requirement in the contract file, the specific invitation-for-bids (IFB) disclosure requirements, the waiver process when a bidder offers a previously furnished product, the rule that a bidder must choose one basis for consideration after bid opening, and the treatment of unsolicited descriptive literature. In practice, this means the Government cannot casually demand brochures, cut sheets, or technical data unless they are truly needed to determine compliance with the specification and to identify exactly what the bidder is promising to deliver. The section also protects the integrity of sealed bidding by requiring the IFB to tell bidders exactly what is required, how it will be evaluated, and what happens if the literature is missing or nonresponsive. For contractors, the rule matters because failure to submit required literature on time can make a bid nonresponsive, while a properly available waiver can reduce unnecessary paperwork. For contracting officers, the section is a checklist for drafting defensible solicitations and avoiding ambiguity, unequal treatment, or post-opening bid manipulation.
Key Rules
Require literature only when necessary
A contracting officer may require descriptive literature only when it is needed before award to determine whether the offered product meets the specification and to identify exactly what the bidder proposes to furnish. The rule is meant to keep unnecessary literature requests out of sealed bidding.
Document the justification
The contracting officer must explain in the contract file why product acceptability cannot be determined without descriptive literature, unless the specification itself requires submission. This documentation supports the solicitation decision and helps defend the requirement if challenged.
State the requirement clearly in the IFB
If descriptive literature is required, the invitation for bids must clearly identify what literature is needed, why it is needed, how it will be used in evaluation, and what happens if the bidder does not submit it or submits noncompliant literature. Clear instructions are essential because literature requirements can affect bid responsiveness.
Follow IFB literature procedures
When bidders must furnish descriptive literature, the solicitation must incorporate the applicable procedures in FAR 14.201-6(p). Those procedures govern how the literature requirement is handled in the sealed bidding context.
Waiver may be allowed for known products
The contracting officer may waive the literature requirement if the bidder states the offered product is the same as one previously or currently furnished to the contracting activity and the contracting officer determines that product complies with the current specification. If waived, the IFB must say that literature will not be required despite any specification language.
Bidder must choose one basis
If the solicitation allows a waiver, the bidder may submit the bid either on the basis of the descriptive literature furnished with the bid or on the basis of a previously furnished product. After bid opening, the bidder cannot switch to the other basis to improve the bid.
Unsolicited literature follows separate rules
If a bidder submits descriptive literature when the IFB did not require it, the contracting officer must follow the procedures in FAR 14.202-4(f). Unsolicited material does not automatically become part of the bid evaluation unless the applicable rules allow it.
Responsibilities
Contracting Officer
Determine whether descriptive literature is truly needed before award; document the justification in the contract file; draft the IFB to specify the exact literature required, its purpose, evaluation use, and consequences of nonsubmission or noncompliance; apply the waiver rules when appropriate; state in the IFB when literature will not be required despite specification language; and handle unsolicited literature under the applicable FAR procedures.
Bidder/Contractor
Submit required descriptive literature by bid opening when the IFB requires it; ensure the literature matches the product offered and is responsive to the solicitation; if relying on a waiver, state in the bid that the product is the same as one previously or currently furnished; and avoid attempting to change the basis of the bid after opening.
Agency/Contracting Activity
Support the contracting officer’s determination that literature is necessary only when needed for pre-award evaluation; maintain the contract file documentation supporting the requirement; and ensure solicitation language and evaluation practices are consistent with sealed bidding rules and the cited FAR procedures.
Practical Implications
This section is a responsiveness issue, not just an administrative one: if required descriptive literature is missing or inadequate, a bid may be rejected as nonresponsive.
Contracting officers should be careful not to overuse literature requirements, because unnecessary demands can restrict competition and create protest risk.
The IFB must be precise; vague statements about what literature is needed or how it will be evaluated can lead to disputes over whether a bid is acceptable.
Waivers can streamline procurement, but only when the contracting officer can confidently verify that the previously furnished product meets the current specification.
Unsolicited brochures or technical sheets should not be treated casually; they must be handled under the specific FAR rule, not automatically accepted as curing a defective bid.
Official Regulatory Text
(a) Policy . Contracting officers must not require bidders to furnish descriptive literature unless it is needed before award to determine whether the products offered meet the specification and to establish exactly what the bidder proposes to furnish. (b) Justification . The contracting officer must document in the contract file the reasons why product acceptability cannot be determined without the submission of descriptive literature, except when the contract specifications require submission. (c) Requirements of invitation for bids. (1) The invitation must clearly state- (i) What descriptive literature the bidders must furnish; (ii) The purpose for requiring the literature; (iii) The extent of its consideration in the evaluation of bids; and (iv) The rules that will apply if a bidder fails to furnish the literature before bid opening or if the literature provided does not comply with the requirements of the invitation. (2) If bidders must furnish descriptive literature, see 14.201-6 (p). (d) Waiver of requirement for descriptive literature. (1) The contracting officer may waive the requirement for descriptive literature if- (i) The bidder states in the bid that the product being offered is the same as a product previously or currently being furnished to the contracting activity; and (ii) The contracting officer determines that the product offered by the bidder complies with the specification requirements of the current invitation for bids. When the contracting officer waives the requirement, see 14.201-6 (p)(2). (2) When descriptive literature is not necessary and a waiver of literature requirements of a specification has been authorized, the contracting officer must include a statement in the invitation that, despite the requirements of the specifications, descriptive literature will not be required. (3) If the solicitation provides for a waiver, a bidder may submit a bid on the basis of either the descriptive literature furnished with the bid or a previously furnished product. If the bid is submitted on one basis, the bidder may not have it considered on the other basis after bids are opened. (e) Unsolicited descriptive literature . If descriptive literature is furnished when it is not required by the invitation for bids, the procedures set forth in 14.202-4 (f) must be followed.