(a) Unsolicited samples. The reference to FAR 14.404-2(d) in FAR 14.202-4(g) does not apply. Use the following when contracting by negotiation:
“However, qualifications in the proposal that are at variance with the Government’s requirements, constitute deficiencies. Resolve these as provided in FAR 15.306."
(b) Solicitation requirements.
(1) Use the clause at FAR 52.214-20. The second sentence in paragraph (c) of the clause does not apply. Substitute a sentence substantially as follows:
“Failure of the bid samples to conform to all the required characteristics listed in the solicitation constitutes a deficiency in the proposal (see FAR 15.306).”
(2) In addition to listing subjective characteristics that you cannot adequately describe in the specification, you may list and evaluate objective characteristics. To include objective characteristics, you must determine that examination of such characteristics is essential to the acquisition of an acceptable product. Base your determination on past experience or other valid considerations.
(c) FAR 52.215-1(c)(3) applies to samples received after the time set for receipt of offers.
