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Current as of January 02, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Code of Federal Regulations Title 48. Federal Acquisition Regulations System 48.15.607 Criteria for acceptance and negotiation of an unsolicited proposal - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-48-federal-acquisition-regulations-system/cfr-48-15-607/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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