15.607 Criteria for acceptance and negotiation of an unsolicited proposal
Source: FAR 15.607 on acquisition.gov
Unsolicited proposals must be unique, innovative, and mission-related to be considered for sole source negotiation, and all competition, justification, funding, and public notice requirements must be met.
Overview
FAR 15.607 establishes the criteria that agencies must use to determine whether to accept and negotiate unsolicited proposals. A favorable evaluation alone does not justify bypassing full and open competition. Agencies must return proposals that are not unique, innovative, or relevant to the agency’s mission, or if the substance is already available or closely matches an existing requirement. Negotiations on a sole source basis can only begin if the proposal passes a comprehensive evaluation, proper justification and approval are obtained, funding is secured, and public synopsis requirements are met.
Key Rules
- Return of Non-Qualifying Proposals
- Proposals must be returned if they are not unique, innovative, relevant, or are already available or duplicative of pending requirements.
- Conditions for Sole Source Negotiation
- Sole source negotiations may only proceed if the proposal is favorably evaluated, justified and approved, funded, and properly synopsized.
Responsibilities
- Contracting Officers: Must ensure proposals meet criteria, return non-qualifying proposals with reasons, secure justification/approval, confirm funding, and comply with synopsis requirements before negotiating.
- Contractors: Should ensure proposals are unique, innovative, and relevant to the agency’s mission to be considered.
- Agencies: Must evaluate proposals comprehensively and document decisions.
Practical Implications
- This section ensures that unsolicited proposals do not circumvent competition requirements and that only truly unique and meritorious proposals are considered for sole source negotiation. Contractors should focus on innovation and alignment with agency missions. Common pitfalls include submitting duplicative or non-innovative proposals or failing to meet justification and public notice requirements.
(a) A favorable comprehensive evaluation of an unsolicited proposal does not, in itself, justify awarding a contract without providing for full and open competition. The agency point of contact shall return an unsolicited proposal to the offeror, citing reasons, when its substance-
(1) Is available to the Government without restriction from another source;
(2) Closely resembles a pending competitive acquisition requirement;
(3) Does not relate to the activity’s mission; or
(4) Does not demonstrate an innovative and unique method, approach, or concept, or is otherwise not deemed a meritorious proposal.
(b) The contracting officer may commence negotiations on a sole source basis only when-
(1) An unsolicited proposal has received a favorable comprehensive evaluation;
(2) A justification and approval has been obtained (see 6.302-1(a)(2)(i) for research proposals or other appropriate provisions of subpart 6.3, and 6.303-2(c));
(3) The agency technical office sponsoring the contract furnishes the necessary funds; and
(4) The contracting officer has complied with the synopsis requirements of subpart 5.2.