Overview
This section establishes the restrictive conditions under which an agency must reject an unsolicited proposal and defines the four specific prerequisites that must be satisfied before a contracting officer can initiate sole-source negotiations. It emphasizes that a favorable technical evaluation does not automatically bypass the requirement for full and open competition.
Key Rules
- Mandatory Rejection: An agency must return a proposal if it is available from another source, resembles a pending competitive requirement, falls outside the agency's mission, or fails to demonstrate a unique and innovative concept.
- Negotiation Prerequisites: Sole-source negotiations can only begin if the proposal receives a favorable evaluation, a formal Justification and Approval (J&A) is completed, funding is secured, and synopsis requirements are met.
- Innovation Requirement: The proposal must demonstrate a "meritorious," "innovative," and "unique" approach to be eligible for further consideration.
- Competition Default: A positive comprehensive evaluation is not sufficient on its own to justify a non-competitive contract award.
Practical Implications
- Contractors must ensure their unsolicited proposals are truly unique and not merely a response to a known or upcoming government requirement, otherwise, the agency is legally obligated to reject them.
- The transition from a favorable technical evaluation to a contract award is a high administrative hurdle, requiring the agency to publicly justify bypassing competition and secure specific funding for the effort.