3207 DESCRIPTIVE LITERATURE

3207.1 If the bidder is required to furnish descriptive literature, this requirement shall be stated in the IFB.3207.2 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 IFB specifications or to establish more precisely what each bidder proposes to furnish.3207.3 Unsolicited descriptive literature that is not required in the IFB shall not be considered as qualifying the bid and shall be disregarded.3207.4 If descriptive literature is required, the contracting officer shall include a written statement of the reasons why product acceptability cannot be determined without submission of descriptive literature and shall include the document in the contract file.3207.5 If descriptive literature is to be required, the IFB shall clearly identify the following:- (a) The type or contents of the descriptive literature that is 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 falls to furnish the required literature before bid opening or if the literature furnished does not comply with the requirements of the IFB.3207.6 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 University; or

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

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).