15.604 Agency points of contact
Source: FAR 15.604 on acquisition.gov
Agencies must provide clear points of contact and essential guidance for unsolicited proposals, but only the contracting officer can bind the Government.
Overview
FAR 15.604 outlines the requirements for agencies to provide clear points of contact and essential information to potential offerors of unsolicited proposals. The regulation encourages preliminary contact with agency personnel before submitting detailed proposals or proprietary information, which can save time and effort for both parties. Agencies are required to make available information on what constitutes an acceptable unsolicited proposal, contractor responsibility requirements, conflict of interest policies, submission guidance, relevant points of contact, sources of agency objectives, submission/evaluation procedures, and proprietary information marking instructions. Only the designated contracting officer is authorized to bind the Government in matters related to unsolicited proposals.
Key Rules
- Agency Information Availability
- Agencies must provide potential offerors with specific information regarding unsolicited proposals, including definitions, requirements, submission guidance, and evaluation procedures.
- Preliminary Contact Encouraged
- Offerors are encouraged to contact agency personnel before submitting detailed or proprietary information to ensure alignment and efficiency.
- Authority to Bind Government
- Only the cognizant contracting officer can legally commit the Government regarding unsolicited proposals.
Responsibilities
- Contracting Officers: Ensure all required information is available to potential offerors and maintain sole authority to bind the Government.
- Contractors: Review agency-provided information, follow submission procedures, and properly mark proprietary information.
- Agencies: Maintain up-to-date points of contact and guidance for unsolicited proposals.
Practical Implications
- This section exists to streamline the unsolicited proposal process, reduce wasted effort, and protect proprietary information. Contractors must ensure they engage with the correct agency contacts and follow all guidance to avoid delays or miscommunication. Common pitfalls include submitting proposals without preliminary contact or failing to properly mark proprietary information.
(a) Preliminary contact with agency technical or other appropriate personnel before preparing a detailed unsolicited proposal or submitting proprietary information to the Government may save considerable time and effort for both parties (see 15.201). Agencies must make available to potential offerors of unsolicited proposals at least the following information:
(1) Definition (see 2.101) and content (see 15.605) of an unsolicited proposal acceptable for formal evaluation.
(2) Requirements concerning responsible prospective contractors (see subpart 9.1), and organizational conflicts of interest (see subpart 9.5).
(3) Guidance on preferred methods for submitting ideas/concepts to the Government, such as any agency: upcoming solicitations; Broad Agency Announcements; Small Business Innovation Research programs; Small Business Technology Transfer Research programs; Program Research and Development Announcements; or grant programs.
(4) Agency points of contact for information regarding advertising, contributions, and other types of transactions similar to unsolicited proposals.
(5) Information sources on agency objectives and areas of potential interest.
(6) Procedures for submission and evaluation of unsolicited proposals.
(7) Instructions for identifying and marking proprietary information so that it is protected and restrictive legends conform to 15.609.
(b) Only the cognizant contracting officer has the authority to bind the Government regarding unsolicited proposals.