FAR and DFARS › FAR Part 14: Sealed Bidding › Subpart 14.4
FAR 14.404-4 Restrictions on disclosure of 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 explains that when a bid includes descriptive literature and the bidder restricts its public disclosure, that restriction can make the bid nonresponsive. A restriction makes the bid nonresponsive if it blocks enough information for competing bidders to understand the essential nature and type of products offered, or the elements relating to quantity, price, and delivery terms. The rule does not apply to unsolicited descriptive literature that does not qualify the bid.
Applies to: Bidders who submit descriptive literature with their bids
Key terms: descriptive literature · nonresponsive · bid · unsolicited descriptive literature
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
When a bid is accompanied by descriptive literature (as defined in 2.101), and the bidder imposes a restriction that prevents the public disclosure of such literature, the restriction may render the bid nonresponsive. The restriction renders the bid nonresponsive if it prohibits the disclosure of sufficient information to permit competing bidders to know the essential nature and type of the products offered or those elements of the bid that relate to quantity, price, and delivery terms. The provisions of this paragraph do not apply to unsolicited descriptive literature submitted by a bidder if such literature does not qualify the bid (see 14.202-5(e)).
← 14.404-3 Notice to bidders of rejection of all bids. · 14.404-5 All or none qualifications. →
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.