FAC Number: 2022-06
Effective Date: 05/26/2022

15.607 Criteria for acceptance and negotiation of an unsolicited proposal.

      (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.

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