- 1. Introduction
- 2. Preliminary Inquiries Leading to Proposal Submission
- 3. Contents of Unsolicited Proposal
- 4. Acknowledgment and Evaluation of Unsolicited Proposals
- 5. Authority to Contract
- 6. Where to Submit Unsolicited Proposals
This publication is designed to aid those organizations or individuals which may not have access to the Federal Acquisition Regulation (FAR) in the preparation and submission of unsolicited proposals. An unsolicited proposal is a means by which creative ideas that are originated or developed in the private sector can be presented to the Naval Air Systems Command (NAVAIR) and aviation-related Program Executive Offices (PEOs) for use in fulfillment of mission needs.
Principal interests of NAVAIR are in design, development, testing and evaluation of naval airframes, aircraft engines, components, fuels and lubricants, airborne versions of electronic equipment, including communication, radar and other sensors and countermeasure systems; pyrotechnics, and minesweeping equipment; air launched weapon systems; submarine detection and localized techniques and equipment; unmanned aerial vehicles, including aircraft drone and target systems; catapults, arresting gear, visual landing aids, photographic equipment, meteorological equipment, ground handling equipment for aircraft, parachutes, flight clothing, survival equipment, and air, surface, subsurface and ground training systems. This support is for a variety of customers to include all Department of Defense (DoD) components and other Executive Agencies.
A valid unsolicited proposal must comply with FAR 15.603(c), in that it: (a) is innovative and unique; (b) is independently originated and developed by the offerer; (c) is prepared without Government supervision, endorsement, direction or direct Government involvement; (d) includes sufficient detail to permit a determination that Government support could be worthwhile and the proposed work could benefit the agency's research and development or other mission responsibilities; and (e) is not an advance proposal for a known agency requirement that can be acquired by competitive methods.
"Unsolicited proposal," as defined in FAR 2.101, means a written proposal for a new or innovative idea that is submitted to an agency on the initiative of the offerer for the purpose of obtaining a contract with the Government, and that is not in response to a request for proposals, broad agency announcement, small business innovation research topic, small business technology transfer research topic, program research and development announcement, or any other government-initiated solicitation or program.
"Advertising material," as defined in FAR 2.101, means material designed to acquaint the Government with a prospective contractor's present products, services, or potential capabilities or designed to stimulate the Government's interest in buying such products or services.
"Commercial item offer," as defined in FAR 2.101, means an offer of a commercial item that the vendor wishes to see introduced in the Government's supply system as an alternate or a replacement for an existing supply item. This term does not include innovative or unique configurations or uses of commercial items that are being offered for further development and that may be submitted as an unsolicited proposal.
"Contribution," as defined in FAR 2.101, means a concept, suggestion, or idea presented to the Government for its use with no indication that the source intends to devote any further effort to it on the Government's behalf.
In order to allow sufficient time for proposal evaluation and contract negotiation, unsolicited proposals should be submitted well in advance of the offerer's desired beginning of the effort or activity, in order to allow sufficient time for evaluation of the proposal and negotiation of any resultant contract.
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2. Preliminary Inquiries Leading to Proposal Submission
- Prior to preparation of a detailed proposal, preliminary inquiries should be made as to the general need for the type of effort contemplated for the purpose of obtaining an understanding of the NAVAIR mission and responsibilities relative to the type of effort contemplated. Preparatory effort should be limited to a minimum expenditure of funds, since there is no guarantee of financial support for the proposal.
- During the preliminary inquiry, which may be by correspondence or personal contacts, the prospective contractor should note carefully any specific technical objections or reference to lack of military application. Preliminary discussions often reveal information which may make it advantageous to alter slightly the original concept so that it will be in conformance with the military application.
- Based on the preliminary survey the proposal should be prepared, if it is determined that something of merit and relevance to Navy needs has been conceived and that, if sponsored, can be demonstrated.
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3. Contents of Unsolicited Proposal
- Limited Use of Data - In order to protect data, unsolicited proposals should be marked with the restrictive legend and notice from FAR 15.609(a).
- Name and address of the offerer and type of organization; e.g., profit, nonprofit, educational, small business, etc.;
- Names and telephone numbers of technical and business personnel to be contacted for evaluation or negotiation purposes;
- Identification of any proprietary data to be used only for evaluation purposes;
- Names of other Federal, State, local agencies or parties receiving the proposal, or funding the proposed effort;
- Date of submission; and
- Signature of a person authorized to represent and contractually obligate the offerer.
- Concise title and abstract (approximately 200 words) of the proposed effort;
- A reasonably complete discussion stating the objectives of the effort or activity, the method of approach and extent of effort to be employed, the nature and extent of the anticipated results, and the manner in which the work will help to support accomplishment of the agency's mission;
- Names and biographical information on the offerer's key personnel who would be involved, including alternates; and
- Type of support needed from agency, i.e., facilities, equipment, materials, or personnel resources, including estimates for associated logistics support costs.
- Proposed price or total estimated cost for the effort in sufficient detail for meaningful evaluation;
- Period of time for which the proposal is valid (a six month minimum is suggested);
- Type of contract preferred;
- Proposed duration of effort;
- Brief description of the organization, previous experience, relevant past performance, and facilities to be used;
- Other statements, if applicable, about organizational conflicts or interest, security clearances, and environmental impacts; and
- The names and telephone numbers of agency technical or other points of contact already contacted regarding the proposal.
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4. Acknowledgment and Evaluation of Unsolicited Proposals
- The Government will acknowledge receipt of unsolicited proposals as soon as practicable. If the evaluation of the proposal cannot be completed within 45 working days, an interim reply indicating the estimated completion date of the evaluation will be forwarded to the offerer. Upon completion of the evaluation, the offerer will be notified of the result of the evaluation.
- Unsolicited proposals will be thoroughly and completely evaluated by appropriate personnel engaged in the technical areas of effort similar to the unsolicited proposal under consideration. Requests by evaluators for further information shall be at the expense and risk of the offerer and shall create no obligation on the part of the Government. In addition to the elements set forth in FAR 15.606-1, FAR 15.606-2 and FAR 15.607, the following criteria will be considered by technical personnel in evaluating unsolicited proposals:
- The proposal is merely a normal development or extension of an existing DoD program, or for a specific requirement which would normally result in a standard competitive procurement;
- The proposal is based on information furnished by DoD to the offerer, which should also have been furnished to other sources;
- The designation "unsolicited proposal" is applied for the apparent purpose of avoiding competition;
- The proposal is based on information already in the public domain, or on information to which the offerer has no exclusive right either as a matter of law or ethical business practice;
- Circumstances exist that create a question as to the right of the offerer to exclusive consideration;
- DoD personnel at the program management or higher level have requested that a contractor submit a proposal on a given topic; or
- The submittal is an alternate proposal submitted as a result of any solicitation issued by NAVAIR.
- In the event the proposal is not accepted, the Government is not obligated in any way to reimburse the offerer for any cost which may have been incurred in preparing and submitting the unsolicited proposal.
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5. Authority to Contract
Offerers of unsolicited proposals are advised that only duly constituted Contracting Officers have authority to contractually bind the Government. Technical personnel who receive, handle, or evaluate unsolicited proposals are not authorized to commit the Government. The Contracting Officer may commence negotiation only when:
- An unsolicited proposal has received a favorable comprehensive evaluation;
- The unsolicited proposal is not of the character described in FAR 15.607(a);
- The technical office sponsoring the contract supports its recommendations with facts and circumstances that preclude competition and furnishes the necessary funds;
- The Contracting Officer has complied with synopsis requirements of FAR Subpart 5.2; and
- The Contracting Officer has executed any justification and obtained any approval or determination and findings that is required by FAR Subpart 6.3.
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6. Where to Submit Unsolicited Proposals
For proposals relevant to the mission of NAVAIR, unsolicited proposals should be submitted as follows:
(a) Except for principle interests specifically identified in paragraphs (b) and (c) below, all unsolicited proposals shall be sent to:
Naval Air Systems Command Headquarters
Policy and Process Management Department
Policy Management Division (AIR-2.1.1)
Bldg 441, Room 117
21983 Bundy Road, Unit 7
Patuxent River, MD 20670-1127
(b) Proposals related to surface, subsurface, and ground and air training systems:
Naval Air Warfare Center
Training Systems Division
AIR-253A (R. Soberal)
12350 Research Parkway
Orlando, FL 32826-3275
(c) Proposals related to research, development, test, evaluation and in-service engineering for weapon systems associated with air warfare (except antisubmarine warfare systems), missile and missile subsystems, aircraft weapons integration, and airborne electronic warfare systems and air, land and sea ranges:
Commander, Naval Air Warfare Center Weapons Division
Code 200000D - Unsolicited Proposal POC
429 East Bowen Road - STOP 4015
China Lake, CA 93555-6108
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