FAR 52.214-20—Bid Samples.
Plain-English Summary
FAR 52.214-20, Bid Samples, is a sealed bidding provision used when the Government needs a physical sample to evaluate product characteristics that cannot be adequately described in specifications, purchase descriptions, or the invitation for bids. It defines what a bid sample is, requires bidders to submit samples with the bid by the stated deadline, and explains that late or missing samples generally cause rejection of the bid, subject to the limited late-sample rule for samples sent by mail under the solicitation’s Late Submissions, Modifications, and Withdrawals of Bids provision. The provision also tells the Government to test or evaluate the samples against the listed characteristics, reject bids when samples do not conform, and require delivered products to match the approved sample for the tested characteristics and the specifications for all other characteristics. It addresses sample handling by stating that samples are normally furnished at no cost to the Government and may be returned at the bidder’s request and expense unless destroyed during preaward testing. The two alternates add a waiver mechanism that allows the Contracting Officer, at discretion, to waive the sample requirement when the bidder offers the same product previously supplied to a designated office and the earlier product was accepted or tested and found technically acceptable; Alternate II adds the further condition that the product under the new contract will be produced in the same plant as the earlier product. In practice, this clause matters because bid samples can be a strict responsiveness issue in sealed bidding, and both bidders and contracting officers must treat sample requirements, deadlines, and waiver conditions carefully to avoid automatic rejection or improper evaluation.
Key Rules
Bid samples are physical evidence
A bid sample is a product sample required to show characteristics that cannot be adequately described in writing, such as balance, ease of use, or pattern. The sample is part of the bid itself, not a post-award deliverable.
Samples must arrive on time
Bidders must furnish bid samples with the bid, and the Government must receive them by the time set in the invitation for bids. If the sample is late or missing, the bid is rejected, except for a late sample sent by mail that may be considered under the solicitation’s late-bid rules.
Evaluation is based on listed characteristics
The Government tests or evaluates the sample only for the characteristics identified in the solicitation for examination. If the sample fails to conform to those required characteristics, the bid is rejected.
Approved sample controls performance
For any resulting contract, delivered products must match the approved sample for the characteristics that were tested or evaluated, and must meet the specifications for all other characteristics. This creates a binding quality benchmark for production and delivery.
Samples are usually at bidder expense
Unless the solicitation says otherwise, bid samples must be submitted at no expense to the Government. The bidder may request return of the samples at its own expense, unless the samples are destroyed during preaward testing.
Waiver may be available for repeat products
Under Alternate I or II, the Contracting Officer may waive the sample requirement if the bidder states the product is the same as one previously offered to the designated office and the earlier product was accepted or found technically acceptable. Alternate II also requires production in the same plant as the earlier product.
Waiver is discretionary, not automatic
Even when the bidder meets the stated conditions, the Contracting Officer is not required to waive the sample requirement. The decision remains discretionary and should be supported by a reasonable determination that the prior product is materially the same.
Responsibilities
Contracting Officer
Decide whether to include the provision and, if using an alternate, designate the appropriate contracting office or alternate activity/office. Specify the characteristics to be examined, enforce the submission deadline, determine whether a late mailed sample may be considered, evaluate whether samples conform, and decide whether to waive the sample requirement under the applicable alternate.
Bidder
Submit the required bid samples with the bid by the deadline stated in the invitation for bids. Ensure the sample accurately represents the offered product, request return if desired, and pay return costs unless the solicitation says otherwise. If seeking a waiver under an alternate, state that the offered product is the same as a previously supplied product and satisfy any additional conditions.
Government evaluators
Test or evaluate the samples only against the characteristics identified in the solicitation and document whether the sample conforms. Use the approved sample as the benchmark for the tested characteristics if award is made.
Contracting activity or designated office
Maintain records of prior products accepted or tested for technical acceptability when a waiver under Alternate I or II may be considered. Provide the factual basis needed for the Contracting Officer’s waiver determination.
Practical Implications
In sealed bidding, a missing or late bid sample can make a bid nonresponsive, so bidders must treat the sample deadline as seriously as the bid deadline itself.
The solicitation should clearly identify which characteristics will be examined; otherwise, evaluation can become inconsistent or vulnerable to protest.
A sample that passes one test but fails another required characteristic can still lead to rejection, because the Government evaluates conformity to all listed characteristics.
Contractors should keep in mind that the approved sample can become the production standard, so the sample must accurately reflect what they can actually manufacture and deliver.
Waivers under the alternates are useful for repeat products, but they are not automatic; bidders should not assume prior acceptance eliminates the need to submit samples unless the Contracting Officer expressly waives the requirement.
Official Regulatory Text
As prescribed in 14.201-6 (o)(1) , insert the following provision: Bid Samples (Apr 2002) (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. (End of provision) 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.