General
Only independently developed, innovative proposals that meet strict criteria qualify as valid unsolicited proposals for government consideration.
Overview
FAR 15.603 outlines the general principles and requirements for unsolicited proposals submitted to the government. These proposals allow private entities to present unique and innovative ideas or approaches that have been developed independently of the government, with the intent of entering into a contract for research, development, or other mission-related efforts. The section clarifies what does not qualify as an unsolicited proposal and sets specific criteria that must be met for a proposal to be considered valid. It also references special evaluation procedures for energy savings performance contracts.
Key Rules
- Definition and Purpose of Unsolicited Proposals
- Unsolicited proposals are independently developed ideas or approaches offered to the government, aiming to support agency missions through potential contracts.
- Exclusions
- Advertising materials, commercial product/service offers, contributions, and routine technical correspondence are not considered unsolicited proposals.
- Criteria for Valid Unsolicited Proposals
- Must be innovative, unique, independently developed, prepared without government involvement, sufficiently detailed, and not address known or published agency requirements.
- General Statements of Need
- Proposals responding to general agency needs are still considered independently originated.
- Special Procedures for Energy Savings Contracts
- Such proposals must be evaluated per 10 CFR 436.33(b).
Responsibilities
- Contracting Officers: Must ensure proposals meet all validity criteria before consideration and follow special procedures for energy savings contracts.
- Contractors: Must ensure their proposals are independently developed, innovative, and meet all listed criteria.
- Agencies: Must evaluate proposals according to the outlined standards and applicable regulations.
Practical Implications
- This section ensures only truly innovative, independently developed proposals are considered, preventing circumvention of competitive procurement. Contractors must carefully review their submissions to ensure compliance, as failure to meet criteria will result in rejection. Agencies must apply consistent standards and document their evaluations.