FAR 15.607—Criteria for acceptance and negotiation of an unsolicited proposal.
Plain-English Summary
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.
Key Rules
No award based on evaluation alone
A favorable comprehensive evaluation of an unsolicited proposal does not by itself justify awarding a contract without full and open competition. The agency must still satisfy the competition rules or a valid exception before proceeding.
Return nonqualifying proposals
The agency point of contact must return an unsolicited proposal, with reasons, if the information is already available to the Government without restriction, closely resembles a pending competitive requirement, does not relate to the agency’s mission, or is not innovative, unique, or otherwise meritorious.
Sole-source negotiations are limited
The contracting officer may begin sole-source negotiations only after the proposal receives a favorable comprehensive evaluation and the other required conditions are met. This section does not authorize negotiations simply because the proposal is unsolicited.
Justification and approval required
Before sole-source negotiations, the agency must obtain the appropriate justification and approval under the competition exception rules, including the special reference for research proposals where applicable. The approval must fit the applicable authority in Subpart 6.3 and related procedures.
Funding must be provided by sponsor
The agency technical office sponsoring the contract must furnish the necessary funds before negotiations can begin. An unsolicited proposal cannot move forward without a confirmed funding source from the sponsoring office.
Synopsis requirements still apply
The contracting officer must comply with the synopsis requirements in Subpart 5.2 before commencing sole-source negotiations. This preserves transparency and notice obligations even when the proposal is unsolicited.
Responsibilities
Agency Point of Contact
Review unsolicited proposals and return them, with reasons, when they are available from another source without restriction, duplicate a pending competitive acquisition, do not relate to the agency mission, or are not innovative and meritorious.
Contracting Officer
Determine whether sole-source negotiations may begin only after a favorable comprehensive evaluation, the required justification and approval, sponsor funding, and compliance with synopsis requirements are all in place.
Agency Technical Office Sponsoring the Contract
Provide the necessary funds for the proposed contract before negotiations proceed.
Agency
Ensure the unsolicited proposal process is used consistently with competition policy and that any exception to competition is properly justified and documented.
Offeror
Submit a proposal that is truly unsolicited, mission-related, innovative, and sufficiently meritorious to warrant evaluation and possible sole-source consideration.
Practical Implications
A positive evaluation does not equal a contract award; the agency still has to clear competition and procedural hurdles.
Many unsolicited proposals are returned because they overlap with existing or planned procurements, so offerors should check whether the requirement is already being competed.
Contracting officers should not start negotiations until the justification, funding, and synopsis steps are complete; skipping any one of them creates protest and compliance risk.
The proposal must be genuinely innovative and tied to the agency mission; otherwise it is likely to be rejected early in the process.
Documentation matters: the reasons for return, the evaluation, the justification and approval, and the funding/synopsis record should all be retained to support the decision.
Official Regulatory Text
(a) A favorable comprehensive evaluation of an unsolicited proposal does not, in itself, justify awarding a contract without providing for full and open competition. The agency point of contact shall return an unsolicited proposal to the offeror, citing reasons, when its substance- (1) Is available to the Government without restriction from another source; (2) Closely resembles a pending competitive acquisition requirement; (3) Does not relate to the activity’s mission; or (4) Does not demonstrate an innovative and unique method, approach, or concept, or is otherwise not deemed a meritorious proposal. (b) The contracting officer may commence negotiations on a sole source basis only when- (1) An unsolicited proposal has received a favorable comprehensive evaluation; (2) A justification and approval has been obtained (see 6.302-1 (a)(2)(i) for research proposals or other appropriate provisions of subpart 6.3 , and 6.303-2 (c)); (3) The agency technical office sponsoring the contract furnishes the necessary funds; and (4) The contracting officer has complied with the synopsis requirements of subpart 5.2 .