1507.1 Each IFB shall state whether the bidder is required to furnish descriptive literature.

1507.2 The contracting officer shall not require bidders to furnish descriptive literature unless the contracting officer needs it to determine before award whether the products offered meet the specifications or to establish exactly what the bidder proposes to furnish.

1507.3 The contracting officer shall document, in writing, the reasons why product acceptability cannot be determined without submission of descriptive literature and shall include the document in the contract file.

1507.4 The IFB shall clearly identify the following:

(a) The descriptive literature required to be furnished;

(b) The purpose for which the literature is required;

(c) The extent to which the literature will be considered in the evaluation of bids; and

(d) The rules that will apply if a bidder fails to furnish the literature before bid opening or if the literature furnished does not comply with the requirements of the IFB.

1507.5 The contracting officer may waive the requirement for furnishing descriptive literature if either of the following occurs:

(a) The bidder states in the bid that the product being offered is the same as a product previously or currently being furnished to the District; or

(b) The contracting officer, on advice of technical personnel, determines that the product offered by the bidder complies with the specification requirements of the current IFB.

1507.6 Unsolicited descriptive literature not required by the IFB shall not be considered as qualifying the bid and shall be disregarded.

SOURCE: Final Rulemaking published at 35 DCR 1424 (February 26, 1988).