As prescribed in 14.201-6(o),
(1) Insert the provision at 52.214-20, Bid Samples, in invitations for bids if bid samples are required.
(2) If it appears that the conditions in 14.202-4(e)(1) will apply and the contracting officer anticipates granting waivers and—
(i) If the nature of the required product does not necessitate limiting the grant of a waiver to a product produced at the same plant in which the product previously acquired or tested was produced, use the provision with its Alternate I; or
(ii) If the nature of the required product necessitates limiting the grant of a waiver to a product produced at the same plant in which the product previously acquired or tested was produced, use the provision with its Alternate II.
(3) See 14.202-4(e)(2) regarding waiving the requirement for all bidders.
Bid Samples Alternate II (May 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.
(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.
(End of provision)