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41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.
62 FR 51230, Sept. 30, 1997, unless otherwise noted.
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(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.
[62 FR 51230, Sept. 30, 1997, as amended at 76 FR 14562, Mar. 16, 2011]