FAR and DFARS › FAR Part 14: Sealed Bidding › Subpart 14.2
FAR 14.202-5 Descriptive literature.
The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.
In plain English
This section limits when contracting officers may require bidders to submit descriptive literature, and only when it is needed before award to judge whether products meet the specification and to establish what the bidder proposes to furnish. It also sets rules for justifying, describing, and waiving that requirement in an invitation for bids. Contractors should know that if literature is required, the invitation must explain what is needed and how it will be used, and that a waiver may be available in limited situations.
Applies to: Contracting officers and bidders in sealed bidding under FAR Part 14
What it requires
- Contracting officers must not require descriptive literature unless it is needed before award to determine whether products meet the specification and to establish what the bidder proposes to furnish.
- The contracting officer must document in the contract file why product acceptability cannot be determined without descriptive literature, except when the contract specifications require submission.
- The invitation for bids must clearly state what literature bidders must furnish, the purpose for requiring it, the extent of its consideration in bid evaluation, and the rules if a bidder fails to furnish it before bid opening or furnishes noncomplying literature.
- If the solicitation provides for a waiver, a bidder submitting on one basis may not have the bid considered on the other basis after bids are opened.
Key terms: descriptive literature · invitation for bids · contracting officer · waiver · bid opening
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The 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.
← 14.202-4 Bid samples. · 14.202-6 Final review of invitations for bids. →
Rule changes for FAR Part 14
- Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 14, 28, 36, and 52 ↗ · proposed 2026-09-18 · comments due 2026-10-19
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.