FAR 15.604—Agency points of contact.
Plain-English Summary
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.
Key Rules
Preliminary contact is encouraged
Before preparing a detailed unsolicited proposal or submitting proprietary information, potential offerors should contact agency technical or other appropriate personnel. This can save time and effort by helping the offeror determine whether the idea fits an agency need and what submission path is most appropriate.
Agencies must provide core guidance
Agencies must make available key information to potential unsolicited proposal offerors, including the definition and content of an acceptable unsolicited proposal, submission and evaluation procedures, and instructions for marking proprietary information. This ensures offerors know the rules before submitting.
Responsibility and OCI requirements apply
Agencies must inform potential offerors about the requirements for responsible prospective contractors and organizational conflicts of interest. This helps screen out submissions from parties that may not be eligible or whose participation could create conflict issues.
Use the preferred channel when available
Agencies must provide guidance on preferred methods for submitting ideas or concepts, such as upcoming solicitations, BAAs, SBIR, STTR, PRDAs, or grant programs. The point is to direct ideas to the most suitable acquisition or assistance vehicle rather than defaulting to an unsolicited proposal.
Provide agency points of contact
Agencies must identify points of contact for information on advertising, contributions, and other transactions similar to unsolicited proposals. This helps potential offerors find the right office for related but distinct types of engagement.
Protect proprietary information properly
Agencies must give instructions for identifying and marking proprietary information so it is protected, and the restrictive legends must conform to FAR 15.609. Offerors should follow those instructions carefully to preserve confidentiality protections.
Only the cognizant CO can bind the Government
No one other than the cognizant contracting officer has authority to bind the Government regarding unsolicited proposals. Technical personnel and other agency staff may provide guidance, but they cannot make commitments on behalf of the Government.
Responsibilities
Agency
Make available to potential unsolicited proposal offerors the required information on proposal definition/content, responsible contractor requirements, organizational conflicts of interest, preferred submission methods, agency points of contact, information sources on agency objectives, submission and evaluation procedures, and proprietary marking instructions.
Agency technical or other appropriate personnel
Engage in preliminary contact with potential offerors, provide practical guidance on agency needs and appropriate submission channels, and help direct ideas to the right office or program before a detailed proposal is prepared.
Potential offeror / Contractor
Seek preliminary contact when appropriate, review the agency’s guidance before submitting, use the preferred submission method when available, and properly identify and mark proprietary information in accordance with agency instructions and FAR 15.609.
Cognizant Contracting Officer
Serve as the only person authorized to bind the Government regarding unsolicited proposals and handle any commitments, approvals, or contractual actions that may arise from the proposal process.
Practical Implications
Contractors should not spend significant resources on an unsolicited proposal until they confirm the agency actually wants that kind of submission and that no better vehicle exists, such as a solicitation, BAA, or SBIR/STTR opportunity.
A common mistake is sending proprietary material without following the agency’s marking instructions; if the legends are wrong or missing, protection may be weakened or lost.
Another pitfall is assuming a program office, technical evaluator, or other staff member can promise funding, acceptance, or special treatment; only the cognizant contracting officer can bind the Government.
Agencies should make it easy for industry to find the right path, because unclear points of contact and missing guidance can lead to misdirected submissions and wasted review effort.
For both sides, early communication can prevent avoidable rework by confirming whether the idea fits agency objectives, whether the submitter is responsible, and whether any OCI concerns need to be addressed before formal evaluation.
Official Regulatory Text
(a) Preliminary contact with agency technical or other appropriate personnel before preparing a detailed unsolicited proposal or submitting proprietary information to the Government may save considerable time and effort for both parties (see 15.201 ). Agencies must make available to potential offerors of unsolicited proposals at least the following information: (1) Definition (see 2.101 ) and content (see 15.605 ) of an unsolicited proposal acceptable for formal evaluation. (2) Requirements concerning responsible prospective contractors (see subpart 9.1 ), and organizational conflicts of interest (see subpart 9.5 ). (3) Guidance on preferred methods for submitting ideas/concepts to the Government, such as any agency: upcoming solicitations; Broad Agency Announcements; Small Business Innovation Research programs; Small Business Technology Transfer Research programs; Program Research and Development Announcements; or grant programs. (4) Agency points of contact for information regarding advertising, contributions, and other types of transactions similar to unsolicited proposals. (5) Information sources on agency objectives and areas of potential interest. (6) Procedures for submission and evaluation of unsolicited proposals. (7) Instructions for identifying and marking proprietary information so that it is protected and restrictive legends conform to 15.609 . (b) Only the cognizant contracting officer has the authority to bind the Government regarding unsolicited proposals.