Overview
FAR 15.604 outlines the requirement for federal agencies to provide guidance and specific information to potential offerors to facilitate the efficient preparation and submission of unsolicited proposals. It emphasizes the importance of preliminary communication while clearly defining the limits of personnel authority.
Key Rules
- Mandatory Disclosure: Agencies must provide potential offerors with seven specific types of information, including definitions of acceptable proposals, evaluation procedures, and agency areas of interest.
- Preliminary Contact: Interaction with technical personnel is encouraged prior to formal submission to save resources for both the government and the offeror.
- Submission Guidance: Agencies must direct offerors toward preferred acquisition vehicles when applicable, such as Broad Agency Announcements (BAAs) or Small Business Innovation Research (SBIR) programs.
- Proprietary Data Protection: Instructions must be provided on how to properly mark and protect proprietary information in accordance with FAR 15.609.
- Binding Authority: Only the cognizant Contracting Officer (CO) has the legal authority to bind the government regarding an unsolicited proposal; technical personnel do not have this authority.
Practical Implications
- Risk Mitigation: Contractors should engage in early dialogue with agency technical POCs to ensure their concept aligns with agency needs before incurring the high costs of proposal development.
- Contractual Validity: Offerors must be cautious not to treat encouragement from technical staff as a formal commitment, as no legal obligation exists until a Contracting Officer takes official action.