9.308-2(90)
Use 52.209-9003, Pre-Award Sample(s), in solicitations for medical materiel. If the contracting officer determines that routine preaward survey techniques are inadequate or have failed to result in a conclusive determination of the prospective contractor's responsibility, the clause allows the contracting officer to request a sample to verify responsibility.
1. Preaward samples may be required only when the contracting officer has included in the file written documentation detailing the reasons that a conclusive determination of the prospective contractor's responsibility is not possible unless preaward samples are submitted for evaluation.
2. The clause shall not be used when any of the following conditions exist:
a. Sole source items
b. Rapid entry items
c. Military unique items
d. Repair parts
e. DVD purchases
f. Bid samples are required
g. First Article Testing is required
3. Insert in paragraph (a) the item number(s) and number of units required; insert in paragraph (c)(2) the number of days, not to exceed 20 days, needed to evaluate the samples.