used only for the purpose of determining the responsiveness of the bid and will not be considered on the issue of a bidder's ability to produce the required items.

(b) Policy. Bidders shall not be required to furnish a bid sample of a product they propose to furnish unless there are certain characteristics of the product which cannot be described adequately in the applicable specification or purchase description, thus necessitating the submission of a sample to assure procurement of an acceptable product. It may be appropriate to require bid samples, for example, where the procurement is of products that must be suitable from the standpoint of balance, facility of use, general "feel", color, or pattern, or that have certain other characteristics which cannot be described adequately in the applicable specifications. Where, however, based on the criteria set forth in this § 1-2.202-4, the use of bid samples is justified, the samples may be examined for any required characteristics, whether or not such characteristics may be adequately described in the specifications. Invitations shall list all of the characteristics for which the sample will be examined and bids will be rejected as nonresponsive if the sample fails to conform to each of the listed characteristics. Where more than a minor portion of the characteristics of the product cannot be adequately described in the specification, the product should be procured by negotiation in accordance with § 1-3.210.

(c) Justification. The reasons why acceptable products cannot be procured without the submission of bid samples shall be set forth and filed in the case file, except where such submission is required by the formal specifications (Federal, military, departmental, etc.) applicable to the procurement.

(d) Requirements of invitation for bids. When bid samples are required, the invitation for bids shall: (1) State the number and, if appropriate, the size of the samples to be submitted and otherwise fully describe the samples required, (2) list all characteristics for which the sample will be examined, and (3) include a provision in ac

cordance with (e) of this § 1-2.202–4. Where samples are not considered necessary and a waiver of the sample requirements of a specification has been authorized, a statement shall be inIcluded in the invitation for bids that notwithstanding the requirements of the specifications, samples will not be required.

(e) Invitation for bids provision. When bid samples are required, a provision substantially as follows (modified, if appropriate, in accordance with paragraph (f) of this § 1-2.202-4) shall be included in the invitation for bids:

BID SAMPLES

(a) Bid samples, in the quantities, sizes, etc., required for the items so indicated in this Invitation for Bids, must be furnished as a part of the bid and must be received before the time set for opening bids. Samples will be evaluated to determine compliance with all characteristics listed for examination in the Invitation.

(b) Failure of samples to conform to all such characteristics will require rejection of the bid. Failure to furnish samples by the time specified in the Invitation for Bids will require rejection of the bid, except that a late sample transmitted by mail will be considered under the provisions for considering late bids, as set forth elsewhere in this Invitation for Bids.

(c) Products delivered under any resulting contract shall strictly comply with the approved sample as to the characteristics listed for examination and shall conform to the specifications as to all other characteristics.

(f) Waiver of requirement for bid samples.

(1) The provision prescribed in paragraph (e) of this section may be modified to provide that the requirement for furnishing samples may be waived as to a bidder who offers a product previously or currently being procured or tested by the procuring activity and found to comply with specification requirements conforming in every material respect with those in the current invitation for bids so that further evaluation or testing would not add to the Government's knowledge of the acceptability of the product. When provision is to be made for such waiver, the invitation for bids provision in paragraph (e) of this section shall be modified by adding substantially the

following at the end of paragraph (b) thereof:

However, the requirement for furnishing samples may be waived as to a bidder if (1) the bidder states in his bid that the product he is offering to furnish is the same as a product he has offered to the [* ] on a previous procurement and (2) the Contracting Officer determines that such product was previously procured or tested by the [* ] and found to comply with specification requirements conforming in every material respect to those in this Invitation for Bids.

*Contracting officer shall insert "procuring activity" or such other designation as may be provided by agency procedures.

(2) Where considered necessary because of the nature of the product, the provision in paragraph (f)(1) of this section may be limited to provide for waiving the requirement only if the product offered is produced at the same plant at which the product previously procured or tested was produced.

(g) Unsolicited samples. If bid samples are not required by the invitation for bids, but samples are furnished with a bid, they will not be considered as qualifying the bid, and will be disregarded, unless it is clear from the bid or accompanying papers that it was the bidder's intention so to qualify the bid.

(h) Disposition of samples. Samples, if not destroyed in testing, shall be returned to bidders at their request and expense, unless otherwise specified in the invitation for bids.

[29 FR 10141, July 24, 1964, as amended at 29 FR 14494, Oct. 22, 1964; 30 FR 16110, Dec. 28, 1965]

§ 1-2.202-5 Descriptive literature.

(a) Definition. As used in this § 12.202-5, the term "descriptive literature" means information, such as cuts, illustrations, drawings and brochures, which show the characteristics or construction of a product or explain its operation, furnished by a bidder as a part of his bid to describe the products offered in his bid. The term includes only information required to determine acceptability of the product, and excludes other information such as that furnished in connection with the qualifications of a bidder or for use in operating or maintaining equipment.

(b) Policy. Bidders shall not be required to furnish descriptive literature as a part of their bids unless the contracting agency deems that such literature is needed to enable it to determine before award whether the products offered meet the specification requirements of the invitation for bids and to establish exactly what the bidder proposes to furnish. It may be appropriate to require descriptive literature in the procurement of highly technical or specialized equipment, or where considerations such as design or style are important in determining acceptability of the product.

(c) Justification. The reasons why acceptable products cannot be procured without the submission of descriptive literature shall be set forth and filed in the case file, except where such submission is required by the formal specifications (Federal, military, departmental, etc.) applicable to the procurement.

(d) Requirements of invitation for bids. When descriptive literature is required, the invitation for bids shall clearly state what descriptive literature is to be furnished, the purpose for which it is required, the extent to which it will be considered in the evaluation of bids, and the rules which will apply if a bidder fails to furnish it before bid opening or if the literature furnished does not comply with the requirements of the invitation for bids. Where descriptive literature is not considered necessary and a waiver of the literature requirements of a specification has been authorized, a statement shall be included in the invitation for bids that notwithstanding the requirements of the specifications, descriptive literature will not be required.

(1) Except as provided in paragraph (d)(2) of this section, if bidders are to furnish descriptive literature as a part of their bids, a provision substantially as follows (modified, if appropriate, in accordance with paragraph (e)(1) of this section) shall be included in the invitation for bids:

REQUIREMENT FOR DESCRIPTIVE LITERATURE

(a) Descriptive literature as specified in this Invitation for Bids must be furnished as a part of the bid and must be received

before the time set for opening bids. The literature furnished must be identified to show the item in the bid to which it pertains. The descriptive literature is required to establish, for the purposes of bid evaluation and award, details of the products the bidder proposes to furnish as to [* ].

(b) Failure of descriptive literature to show that the product offered conforms to the specifications and other requirements of this Invitation for Bids will require rejection of the bid. Failure to furnish the descriptive literature by the time specified in the Invitation for Bids will require rejection of the bid, except that if the material is transmitted by mail and is received late, it may be considered under the provisions for considering late bids, as set forth elsewhere in this Invitation for Bids.

*Contracting officer shall insert significant elements such as design, materials, components, or performance characteristics, or methods of manufacture, construction, assembly, or operation, as appropriate.

(2) When brand name or equal purchase descriptions are used, the requirements of this § 1-2.202-5 are met by inserting in the invitation for bids the brand names provision set forth in § 1-1.307-6.

(e) Waiver of requirements for descriptive literature. (1) The provision prescribed in paragraph (d)(1) of this section may be modified to provide that the requirements for furnishing descriptive literature may be waiver as to a particular bidder if: (i) The bidder states in his bid that the product he is offering to furnish is the same as a product previously or currently being furnished to the procuring activity and (ii) it is determined by the contracting officer that such product complies with the specification requirements of the current invitation for bids. When provision is to be made for such waiver, the invitation for bids provision in paragraph (d)(1) of this section shall be modified by adding substantially the following at the end of paragraph (b) thereof:

However, the requirements for furnishing descriptive literature may be waiver as to a bidder if (1) the bidder states in his bid that the product he is offering to furnish is the same as a product he has previously furnished to the [* ] under a prior con

tract and the bidder identifies the contract, and (2) the Contracting Officer determines that such product meets the requirements of this Invitation for Bids.

*Contracting officer shall insert "procuring activity" or such other designation as may be provided by agency procedures.

(2) If the invitation for bids contains a provision for waiver in accordance with paragraph (e)(1) of this section, a bidder may submit his bid either on the basis of the descriptive literature to be furnished or on the basis of a previously procured product. If he elects to submit his bid on one basis, he is precluded from having his bid considered on the alternative basis after bids are opened.

(f) Unsolicited descriptive literature. If the furnishing of descriptive literature is not required by the invitation for bids, but such literature is furnished with a bid, it will not be considered as qualifying the bid, and will be disregarded, unless it is clear from the bid or accompanying papers that it was the bidder's intention so to qualify the bid.

(g) See § 1-2.404-4 for requirements with respect to restrictions on the public disclosure of descriptive literature submitted by a bidder.

§ 1-2.202-6 Final review of invitations for bids.

The contracting officer shall ensure that each invitation for bids is thoroughly reviewed prior to its issuance to detect and correct discrepancies or ambiguities which could limit competition or result in the receipt of nonresponsive bids.

[40 FR 2811, Jan. 16, 1975]

§ 1-2.202-7 Trade Agreements Act of 1979-eligible products.

When a solicitation involves potentially eligible products (see § 1.61601(b)), the solicitation shall require that offers be submitted in the English language and in U.S. dollars (see § 1-6.1605-1(b)(6)).

[48 FR 14900, Apr. 6, 1983]

§ 1-2.203 Methods of soliciting bids.

§ 1-2.203-1 Mailing or delivering to prospective bidders.

Invitations for bids or pre-invitation notices (see § 1-2.205-4(c)) shall be mailed (or delivered) to a sufficient

number of prospective bidders so as to elicit adequate competition. Invitations for bids may be mailed for informational purposes to Government agencies, including procurement information offices, or to such other organizations as may be authorized by agency procedures.

§ 1-2.203-2 Displaying in public places.

Copies of unclassified invitations for bids shall be displayed at the procuring office and/or at other appropriate public places.

§ 1-2.203-3 Publicity in newspapers and trade journals.

(a) Free publicity. A brief announcement of the proposed procurement, or copies of unclassified invitations for bids, may be made available for free publication to newspapers and to trade journals and magazines.

(b) Paid advertisements. Paid advertisements in newspapers and trade journals shall be contracted for in accordance with agency procedures pursuant to 5 U.S.C. 302; 44 U.S.C. 321, 322, and 324; and Title 7, Chapter 5200, General Accounting Office Policy and Procedures Manual for Guidance of Federal Agencies.

§ 1-2.203-4 Synopses of invitations for bids.

(a) Synopses of invitations for bids shall be prepared and publicized in the Commerce Business Daily in accordance with § 1-1.1003. Requests for invitations for bids received by the procuring activity as a result of publicizing shall be honored to the extent that copies are available, except that copies shall be provided when eligible products are involved. The names of prospective bidders who are furnished invitations for bids in response to their requests shall be added to the bidders mailing list for the particular procurement. However, when the request is made by a person or an organization known not to be a prospective bidder, no entry shall be made on the bidders mailing list.

(b) The synopsis of a proposed procurement of a potentially eligible product from designated countries, shall state that offers must be in the

§ 1-2.205-1 Establishment of lists.

(a) Bidders mailing lists shall be established by procuring activities to assure access to adequate sources of supply and service and to obtain meaningful competition except where the requirements of the procuring activity can be obtained within the local trade area through utilization of simplified small purchase procedures. (See Subpart 1-3.6.) Procuring activity bidders mailing lists may be established as: (1) A central list for use by all purchasing offices within the procuring activity or (2) local lists maintained by each purchasing office.

(b) All eligible and qualified concerns which have submitted bidders mailing list applications, or which the procuring activity considers capable of filling the requirements of a particular procurement, shall be placed on the appropriate bidders mailing list. Planned producers under the Industrial Readiness Planning Program shall be included on the bidders mailing list for their planned items. The issuance of notices to new prospective suppliers that they have been added to the bidders mailing list shall be handled in

accordance with agency procedures. The issuance of a solicitation within a reasonable time may be considered appropriate notification. Those suppliers not meeting the criteria for placement on the bidders mailing list shall be notified accordingly.

(c) Bidder's Mailing List Application (Standard Form 129) shall be used for obtaining information needed, as prescribed in § 1-16.802, in the establishment and maintenance of bidders mailing lists.

[29 FR 10146, July 24, 1964, as amended at 29 FR 18477, Dec. 29, 1964; 40 FR 2811, Jan. 16, 1975]

(a) The name of each concern failing to either: (1) Submit a bid, (2) respond to a preinvitation notice (see § 1-2.2054(c)), or (3) otherwise respond either formally or informally shall be removed from the bidders mailing list without notice to the concern but only for the item or items involved in that invitation or notice. For any case where this procedure will ultimately result in very limited bidders mailing lists, the contracting officer should request an explanation from the concerns that did not respond to determine the reason for the failure to respond before deciding to remove the firms from the bidders mailing list.

(b) The names of concerns which have been: (1) Debarred from entering into Government contracts, or (2) otherwise determined to be ineligible to receive an award of a Government contract, shall be removed from the bidders mailing lists to the extent required by such debarment or determination of ineligibility.

[29 FR 10141, July 24, 1964, as amended at 40 FR 2811, Jan. 16, 1975]

with § 1-2.203-4, above. No concern which is debarred or suspended shall be reinstated during the period of debarment or while suspended.

[40 FR 2811, Jan. 16, 1975]

§ 1-2.205-4 Excessively long bidders mailing lists.

(a) General. To prevent excessive administrative costs of a procurement, mailing lists should be used in a way which will promote competition commensurate with the dollar value of the purchase to be made. As much of the mailing list will be used as is compatible with efficiency and economy in securing adequate competition as required by law. Where the number of bidders on a mailing list is considered excessive in relation to a specific procurement, the list may be reduced by any method consistent with the foregoing, including those described in paragraphs (b) and (c) of this section. The fact that less than an entire mailing list is used shall not in itself preclude furnishing of bidding sets to others upon request therefor, or consideration of bids received from bidders who were not invited to bid.

(b) Rotation of lists. Mailing lists may be rotated, but to do so will require considerable judgment as to whether the size of the transaction justifies the rotation. Consideration also should be given as to whether time permits utilization of the pre-invitation notice (see § 1-2.205-4(c)). In rotating a list, the interests of small business (see § 1-1.702(b)(2)) and the existence of labor surplus areas (see § 1-1.802-2(e)) shall be considered. Whenever the rotation. method is employed, the successful bidder on the previous procurement for the same or similar items and those prospective suppliers who have been added to the bidders mailing list since the last procurement shall be solicited, in addition to those bidders comprising that segment of the list selected for use in a particular procurement, except where such action would be precluded by use of the small business total set-aside portion.

(c) Pre-invitation notices. In lieu of initially forwarding complete bid sets, the procuring activity may send pre