Analysis of FAR Subpart 15.6 - Unsolicited Proposals

Overview

FAR Subpart 15.6 provides the policies and procedures for the submission, evaluation, and acceptance of unsolicited proposals. It is designed to encourage unique and innovative ideas from the private sector that were not specifically requested by the government, ensuring a standardized process for agencies to explore these concepts without compromising the integrity of the competitive acquisition process.

Key Rules

• Validity Requirements: For a proposal to be considered a "valid unsolicited proposal," it must be innovative, unique, independently developed by the offeror, and prepared without government supervision or direction.
• Exclusions: Advertising material, commercial product/service offers (alternates for existing items), and general "contributions" (ideas with no intent to perform a contract) do not qualify as unsolicited proposals.
• Non-Competitive Restriction: An unsolicited proposal cannot be used to bypass competition for a known agency requirement. If the idea addresses a previously published requirement or a known need that can be acquired through competitive methods, it must be rejected.
• Data Protection: Offerors must use specific "Use and Disclosure of Data" legends (as prescribed in 15.609) to protect proprietary information. If the offeror uses a different legend, the agency is required to return the proposal without consideration.
• Sole Source Award: A favorable evaluation does not automatically result in a contract. To award a sole-source contract based on an unsolicited proposal, the CO must provide a Justification and Approval (J&A) and comply with public synopsis requirements.

Responsibilities

• Contracting Officer (CO): Holds the sole authority to bind the Government regarding the proposal and must ensure all legal justifications (J&A) and synopses are completed before award.
• Agency Point of Contact (POC): Responsible for coordinating the receipt and handling of proposals, conducting the initial review for validity, ensuring proper marking of restrictive legends, and protecting the data from unauthorized disclosure.
• Technical Evaluators: Tasked with performing a comprehensive evaluation focusing on the scientific/technical merit, the offeror’s unique capabilities, and the realism of the proposed costs.
• Offeror (Contractor): Responsible for the independent development of the concept and the correct marking of proprietary data to ensure legal protection against disclosure.

Practical Implications

• "Blue Ocean" Strategy: This subpart is the primary mechanism for contractors to pitch "disruptive" technologies or methodologies that the government has not yet envisioned. It is most effective for R&D-heavy firms.
• Pre-submission Coordination: Per 15.604, preliminary contact with agency technical personnel is highly encouraged. In practice, submitting a "cold" unsolicited proposal often leads to rejection; successful offerors usually socialize the concept with technical stakeholders first to ensure it aligns with the agency mission.
• The "Known Requirement" Trap: If a contractor learns that an agency is currently drafting a Statement of Work (SOW) for a specific need, submitting an unsolicited proposal for that need is a wasted effort. The FAR explicitly prohibits using this subpart to circumvent competition for known requirements.
• Strict Adherence to Markings: Contractors risk losing their intellectual property if they do not follow the exact marking requirements of 15.609. Agencies are technically required to return proposals that use non-standard legends rather than risk the legal liability of mishandling the data.