Low RiskFARGeneral

52.214-20Bid Samples.

Researched by the BidStride Research Team

What This Clause Requires

FAR 52.214-20 — Bid Samples.. This clause is part of the Federal Acquisition Regulation and may be included in government contracts as a solicitation provision or contract clause.

Official Regulation Text

52.214-20 Bid Samples. 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 of

Source: eCFR, 48 CFR 52.214-20 (https://www.ecfr.gov/current/title-48/section-52.214-20)

Compliance Checklist

  • 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.
  • 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.
  • 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.
  • 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.

Flow-Down to Subcontractors

No flow-down required

This clause applies only to the prime contract and does not need to be flowed down to subcontractors.

Frequently Asked Questions

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This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.