FAR 15.6—Subpart 15.6

Scope of subpart.

FAR 15.600 is the scope statement for the subpart on unsolicited proposals. It tells readers that this subpart governs the full lifecycle of an unsolicited proposal: how it is submitted, how the government receives it, how it is evaluated, and how it is either accepted or rejected. In practical terms, it establishes the framework agencies and offerors must follow when a contractor or other party brings forward a proposal that was not requested by the government through a solicitation. The section matters because unsolicited proposals are handled differently from ordinary competitive offers; they require screening for compliance, careful evaluation against regulatory criteria, and a formal decision on whether the government will consider the idea further. This scope statement does not itself set the detailed procedures, but it defines the subject matter and signals that the subpart is intended to control the entire intake-and-decision process for unsolicited proposals.

Definitions.

FAR 15.601 defines three terms used in the unsolicited proposal and related acquisition context: advertising material, commercial product or commercial service offer, and contribution. These definitions matter because they determine how the Government should classify and evaluate information or ideas submitted by vendors or other sources outside a formal solicitation process. In practice, the definitions help contracting personnel distinguish between marketing material, an offer to add a commercial item to the Government’s supply system, and a bare concept or idea submitted for Government use without further effort by the source. That distinction affects whether the submission may be treated as an unsolicited proposal, whether it is merely informational, and how the Government should handle it under acquisition policy. For contractors, the section clarifies what kind of submission they are making and what level of follow-on effort or development they are signaling. For agencies and contracting officers, it provides the baseline for screening submissions and avoiding misclassification of ideas, products, or promotional materials.

Policy.

FAR 15.602 states the Government’s policy for encouraging new and innovative ideas in federal research and development and related acquisition programs. It specifically covers Broad Agency Announcements (BAAs), Small Business Innovation Research (SBIR) topics, Small Business Technology Transfer (STTR) topics, Program Research and Development Announcements (PRDAs), and other Government-initiated solicitations or programs. The section also addresses what happens when an idea does not fit within the publicly announced topic areas of those programs: it may be submitted as an unsolicited proposal. In practice, this policy is meant to keep the Government open to creative solutions while channeling ideas into the appropriate acquisition or research vehicle. For contractors, researchers, and small businesses, it signals that innovative concepts are welcome, but they must be matched to the right submission path. For contracting and program personnel, it reinforces the need to publicize topic areas clearly and to recognize when an idea should be handled outside a formal solicitation topic.

General.

FAR 15.603 explains what an unsolicited proposal is, what it is not, and the basic threshold a submission must meet before an agency should treat it as a valid unsolicited proposal. The section covers the purpose of unsolicited proposals, the distinction between true unsolicited proposals and excluded items such as advertising material, commercial product or service offers, contributions, and routine technical correspondence, and the six core validity requirements: innovation and uniqueness, independent origin and development, preparation without Government supervision or involvement, enough detail to show potential value to the agency, and not being an advance proposal for a known or previously published requirement that should be competed. It also states that proposals submitted in response to a publicized general statement of agency needs are still considered independently originated, and it adds a special rule requiring agencies to evaluate energy savings performance contract proposals under 10 CFR 436.33(b). In practice, this section is the gateway for deciding whether a submission deserves the special unsolicited-proposal review process or should be handled as ordinary marketing, a commercial offer, or a competed acquisition requirement. For contractors, it sets the minimum content and origin standards needed to get serious consideration. For agencies, it helps screen out submissions that do not qualify and ensures energy-related proposals are reviewed under the correct regulatory procedure.

Agency points of contact.

FAR 15.604 explains how agencies should help potential offerors before they invest time in preparing an unsolicited proposal or sharing proprietary information. It covers preliminary contact with agency technical or other appropriate personnel, and it requires agencies to provide practical guidance on what counts as an acceptable unsolicited proposal, how to find the right submission path, and how to protect proprietary data. The section specifically points to responsible prospective contractor requirements, organizational conflicts of interest, preferred alternatives such as solicitations, Broad Agency Announcements, SBIR/STTR, Program Research and Development Announcements, and grant programs, as well as agency points of contact for related transactions like advertising and contributions. It also requires agencies to tell offerors where to find information on agency objectives and areas of interest, the procedures for submitting and evaluating unsolicited proposals, and how to mark proprietary information with proper restrictive legends. In practice, this section is meant to reduce wasted effort, steer ideas into the right channel, and prevent accidental disclosure or unauthorized commitments. It also makes clear that only the cognizant contracting officer can bind the Government on matters involving unsolicited proposals.

Content of unsolicited proposals.

FAR 15.605 explains what an unsolicited proposal should include so an agency can evaluate it objectively and promptly. It covers the basic identifying information about the offeror, the technical description of the proposed effort, and the supporting business information needed to judge price, schedule, contract type, duration, past performance, facilities, and any special issues such as proprietary data, organizational conflicts of interest, security clearances, environmental impacts, and prior agency contacts. The section also requires enough contact information for evaluation or negotiation and a signature from someone authorized to bind the offeror. In practice, this rule is about making sure an unsolicited proposal is complete enough to be considered seriously and not rejected or delayed because key facts are missing. It helps agencies compare the proposal against their mission needs and helps contractors present a package that is credible, reviewable, and legally actionable.

Agency procedures.

FAR 15.606 tells agencies how to set up the internal machinery for handling unsolicited proposals. It requires agencies to create procedures for receiving, evaluating, and disposing of unsolicited proposals in a timely way, and those procedures must be consistent with the rest of FAR Subpart 15.6. It also requires controls over copying, reproducing, and disposing of proposal material, with special attention to information the offeror marks as restricted from duplication, use, or disclosure. In addition, each agency must designate points of contact under FAR 15.604 to coordinate receipt and handling of these proposals. In practice, this section is about protecting proprietary information, avoiding lost or mishandled submissions, and ensuring unsolicited proposals are routed to the right people and processed consistently rather than informally or ad hoc.

Criteria for acceptance and negotiation of an unsolicited proposal.

FAR 15.607 explains when an agency may accept and negotiate an unsolicited proposal, and when it must return the proposal instead of moving forward. It covers the limits on using unsolicited proposals as a basis for award, the circumstances requiring the agency point of contact to reject and return a proposal, and the conditions the contracting officer must satisfy before beginning sole-source negotiations. Specifically, it addresses whether the proposal is already available to the Government, whether it duplicates a pending competitive requirement, whether it relates to the agency’s mission, and whether it is innovative and meritorious. It also ties acceptance to a favorable comprehensive evaluation, a valid justification and approval under the competition exceptions, availability of funds from the sponsoring technical office, and compliance with synopsis requirements. In practice, this section is meant to prevent agencies from bypassing competition unless the proposal truly warrants special treatment and all required procedural safeguards are in place.

Prohibitions.

FAR 15.608 sets the government’s rules for handling unsolicited proposals, focusing on two core protections: first, the government may not use any data, concept, idea, or other part of an unsolicited proposal as the basis for a solicitation or for negotiations with another firm unless the original offeror is notified and agrees; second, government personnel may not disclose information in the proposal that is restrictively marked under the applicable rules. The section also clarifies an important exception: if the same data, concept, or idea is available from another source without restriction, the government may use it. In practice, this section is designed to protect proprietary or sensitive proposal content, preserve fairness in competition, and prevent the government from improperly leveraging an unsolicited submission to benefit other vendors. It also reinforces that improper disclosure of protected commercial information can have serious legal consequences, including potential criminal penalties under 18 U.S.C. 1905. For contracting officers and program personnel, the section is a reminder to treat unsolicited proposals carefully, limit internal sharing to what is necessary, and avoid any use that could taint a later acquisition action.

Limited use of data.

FAR 15.609 explains how agencies and offerors must handle data in unsolicited proposals when the offeror wants to limit disclosure or use. It covers the required restrictive legend on the title page, the need to mark each restricted sheet, what the agency point of contact must do if the legend is wrong or missing, the Government’s own cover-sheet notice for handling proposals, the relationship between that notice and the Freedom of Information Act, and special procedures when proposals from educational or nonprofit organizations are evaluated outside the Government or when proposals from other sources are shared with outside Government or non-Government evaluators. In practice, this section is about protecting proprietary, trade secret, commercial, financial, and confidential information while still allowing the Government to evaluate unsolicited proposals. It also makes clear that the Government may use information obtained from another source without restriction, and that if a contract is awarded, the contract terms—not the proposal legend—control future disclosure and use. For contractors, the rule is mainly about properly marking and limiting sensitive data; for agencies, it is about screening, routing, and controlling access so the proposal can be evaluated without creating unnecessary disclosure risk or FOIA confusion.