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Agency Guidance on Unsolicited Proposals

Preface: The following is provided to meet Agency requirements in accordance with Federal 

Acquisition Regulation (FAR) 15.604(a) with regards to providing information to potential 

offerors of Unsolicited Proposals. 

Disclaimer: If differences exist between this document, the DISA Acquisition Regulation 

Supplement (DARS), Defense Federal Acquisition Regulation Supplement (DFARS), and/or the 

FAR, then the published Regulations will control. 

Regulation: FAR 15.604 ‘Agency points of contact’ - (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.

FAR 2.101 - Unsolicited proposal means a written proposal for a new or innovative idea 

that is submitted to an agency on the initiative of the offeror 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.

FAR 15.605 Content of unsolicited proposals.

Unsolicited proposals should contain the following information to permit consideration 

in an objective and timely manner:

(a) Basic information including-

(1) Offeror’s name and address and type of organization; e.g., profit, nonprofit,

educational, small business;

(2) Names and telephone numbers of technical and business personnel to be

contacted for evaluation or negotiation purposes;

(3) Identification of proprietary data to be used only for evaluation purposes;

(4) Names of other Federal, State, or local agencies or parties receiving the

proposal or funding the proposed effort;

(5) Date of submission; and
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(6) Signature of a person authorized to represent and contractually obligate the 

offeror.

(b) Technical information including- 

(1) Concise title and abstract (approximately 200 words) of the proposed effort;

(2) 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;

(3) Names and biographical information on the offeror’s key personnel who 

would be involved, including alternates; and

(4) Type of support needed from the agency; e.g., Government property or 

personnel resources.

(c) Supporting information including- 

(1) Proposed price or total estimated cost for the effort in sufficient detail for 

meaningful evaluation;

(2) Period of time for which the proposal is valid (a 6-month minimum is 

suggested);

(3) Type of contract preferred;

(4) Proposed duration of effort;

(5) Brief description of the organization, previous experience, relevant past 

performance, and facilities to be used;

(6) Other statements, if applicable, about organizational conflicts of interest, 

security clearances, and environmental impacts; and

(7) The names and telephone numbers of agency technical or other agency 

points of contact already contacted regarding the proposal.

No DISA supplementation

(2) Requirements concerning responsible prospective contractors (see subpart 9.1), and 

organizational conflicts of interest (see subpart 9.5).
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FAR 9.104-1 General standards.

To be determined responsible, a prospective contractor must- 

(a) Have adequate financial resources to perform the contract, or the ability to 

obtain them (see 9.104-3(a));

(b) Be able to comply with the required or proposed delivery or performance 

schedule, taking into consideration all existing commercial and governmental 

business commitments;

(c) Have a satisfactory performance record (see 9.104-3 (b) and subpart 42.15). A 

prospective contractor shall not be determined responsible or non-responsible 

solely on the basis of a lack of relevant performance history, except as provided 

in 9.104-2;

(d) Have a satisfactory record of integrity and business ethics (for example, see 

subpart 42.15);

(e) Have the necessary organization, experience, accounting and operational 

controls, and technical skills, or the ability to obtain them (including, as 

appropriate, such elements as production control procedures, property control 

systems, quality assurance measures, and safety programs applicable to 

materials to be produced or services to be performed by the prospective 

contractor and subcontractors). (See 9.104-3(a).)

(f) Have the necessary production, construction, and technical equipment and 

facilities, or the ability to obtain them (see 9.104-3(a)); and

(g) Be otherwise qualified and eligible to receive an award under applicable laws and 

regulations (see also inverted domestic corporation prohibition at 9.108).

FAR 9.505 - General rules.

The general rules in 9.505-1 through 9.505-4 prescribe limitations on contracting as the 

means of avoiding, neutralizing, or mitigating organizational conflicts of interest that 

might otherwise exist in the stated situations. Some illustrative examples are provided 

in 9.508. Conflicts may arise in situations not expressly covered in this section 9.505 or 

in the examples in 9.508. Each individual contracting situation should be examined on 

the basis of its particular facts and the nature of the proposed contract. The exercise of 

common sense, good judgment, and sound discretion is required in both the decision on 

whether a significant potential conflict exists and, if it does, the development of an 

appropriate means for resolving it. The two underlying principles are- 
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(a) Preventing the existence of conflicting roles that might bias a contractor’s 

judgment; and

(b) Preventing unfair competitive advantage. In addition to the other situations 

described in this subpart, an unfair competitive advantage exists where a 

contractor competing for award of any Federal contract possesses- 

(1) Proprietary information that was obtained from a Government official 

without proper authorization; or

(2) Source selection information (as defined in 2.101) that is relevant to the 

contract but is not available to all competitors, and such information would 

assist that contractor in obtaining the contract.

DARS 9.506 Procedures. 

(S-90) Contractor participation in more than one of the following areas may give rise to 

an unfair competitive advantage resulting from access to advance acquisition planning, 

source selection sensitive or proprietary information. Furthermore, contractor 

participation in more than one area may give rise to a real or apparent loss of contractor 

impartiality and objectivity where its advisory or planning assistance in one area 

potentially affects its present or future participation in another area. The following is 

not an inclusive list, but represents some potential circumstances where OCCIs may 

occur: 

Providing systems engineering, technical direction, or product support. Services or end 

items required to meet the mission requirements of DISA’s activities and programs. This 

includes, for example: concept exploration and development; system 

design/engineering; system development and integration; COTS procurement and 

integration; internal development testing; deployment; installation; operations; and 

maintenance. When a contractor provides such services but does not have contractual 

responsibility for related development, integration, assembly or production for that 

system, that contractor is prohibited from competing either as a prime or subcontractor 

for a contract to supply that system.

1. Preparing specifications and work statements. With certain exceptions, a 

contractor who assists with, prepares, and/or furnishes contract specifications for a 

government requirement may not compete for the subsequent award because this 

may give that contractor an unfair competitive advantage. This includes, for 

example: requirements analysis, acquisition support, budget planning and 

management, business process reengineering, program planning and execution 

support, and independent technical management support. 

2. Providing evaluation services. Contractors cannot evaluate their own proposals, 

products and services, or those of their market competitors whose development or 
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marketing contractor is or has been substantially involved because the contractor is 

placed in a position whereby their judgment may be biased. For example, it would 

be inappropriate for a contractor to assist in the evaluation of proposals if it will 

financially benefit from the selection of one company over another. Further, 

increased attention should be given to situations where a contractor is in a position

to assess or evaluate a competitor where detrimental findings could serve, directly 

or indirectly, the interest of the advising contractor. Further, the contractor could 

have inappropriate access to competitors privileged and confidential business 

information. Therefore, all parties involved must ensure proper safeguards are 

taken and integrity of the process to protect the Government's best interest. 

3. Obtaining access to proprietary information. When a contractor requires 

proprietary information from others to perform on a Government contract and can 

use the leverage of the contract to obtain it, the contractor may gain an unfair 

competitive advantage unless restrictions are imposed. These restrictions protect 

the information and require companies to provide it when appropriate and 

necessary for contract performance. For example, services which, by their very 

nature, give the contractor or subcontractor access to extensive data about the 

contracts and business operations of competitor contractors. Such an advantage 

could be perceived as being unfair by a competing contractor who is not given 

similar access to the same relevant information. 

DISA OCI Terms and Conditions

An offeror shall specifically identify in its proposal, whether or not any potential or 

actual Organizational and Consultant Conflicts of Interest (OCCI) as described in Federal 

Acquisition Regulation (FAR) Subpart 9.5 exists. The OCCI language is contained along 

with the FAR/DFARS provisions/clauses as H1, Organizational and Consultant Conflicts of 

Interest (OCCI). If an offeror believes that no OCCI exists, the OCCI response shall set 

forth sufficient details to support such a position. If an offeror believes that an actual or 

perceived OCCI does exist on this procurement, the offeror shall submit an OCCI plan 

with the proposal, explaining in detail how the OCCI will be mitigated and/or avoided.

H1 ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST (OCCI) (JAN 2020)

If the contractor or a subcontractor breaches any of the OCCI restrictions of the 

contract, to include any OCCI mitigation plan submitted with its offer, or does not 

disclose or misrepresents any relevant facts concerning its conflict of interest, the 

government may take appropriate action, including terminating the contract, in addition 

to any remedies that may be otherwise permitted by the contract or operation of law.

(3) Guidance on preferred methods for submitting ideas/concepts to the Government, such as 

any agency: upcoming solicitations; Broad Agency Announcements (BAA); Small Business 

Innovation Research (SIBR) programs; Small Business Technology Transfer Research (STTR) 

programs; Program Research and Development Announcements (PRDA); or grant programs.
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Announcements posted via sam.gov and/or dreamport.tech and individual solicitations, 

for the types of actions noted (BAA, SIBR, etc.) will specify preferred methods for 

responses/submissions. DISA does not have Grant authority.

DISA 101 Small Business Orientation

The DISA Office of Small Business Programs (OSBP) hosts a monthly DISA 101 Small 

Business Orientation forum, an interactive event that provides an overview of DISA, 

what the agency buys, how the agency buys, and how to find information regarding 

contracting opportunities and networking. Request an invitation by sending an email to 

disasmallbusiness@mail.mil with "DISA 101 Small Business Orientation Request" in the 

subject line. Small businesses are encouraged to attend the forum before requesting a 

one-on-one appointment with a DISA OSBP professional.

A copy of the “DISA Acquisition Opportunities”, updated quarterly (in January, April, 

July, and October) can be found on the Procurement Directorate - Defense Information 

Technology Contracting Organization (DITCO) home page at https://www.ditco.disa.mil/

under the “Procurement News” tab.

In addition, every year DISA hosts a Forecast to Industry which provides industry 

partners an opportunity to learn about the agency’s plans for the future and associated 

contracting opportunities. Attendees at this and other events (e.g., AFCEA TechNet 

Cyber Symposiums) provide an opportunity to meet with DISA personnel. Visit 

https://www.disa.mil/NewsandEvents/Events for more information.

(4) Agency points of contact for information regarding advertising, contributions, and other 

types of transactions similar to unsolicited proposals.

INDUSTRY PARTNERS

The Defense Information Systems Agency partners with industry to develop and acquire 

information technology services and capabilities used to support our nation’s 

warfighters and leaders. For opportunities and information, please visit 

https://disa.mil/About/Industry-Partners. 

DISA will accept valid unsolicited proposals for review. DISA does not solicit or review 

advertising and contributions. Other Transactions are managed by DITCO-Scott, PL84. 

(5) Information sources on agency objectives and areas of potential interest.

DISA’s Strategic Plan articulates the Agency’s mission and vision as the Nation’s 

premiere IT Combat Support Agency and the trusted provider to connect and protect 

the warfighter in cyberspace. The strategic plan is an overarching framework to explore 

technologies and evolve service delivery to drive a more secure, seamless and costeffective DOD IT architecture. Acquiring Telecommunications, Information Technology
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and Cyber products and services for the military is a key role of DISA as a Combat 

Support Agency to Connect, Protect, and Serve the warfighter in cyberspace. 

A copy of the “DISA Acquisition Opportunities” can be found on the Procurement 

Directorate - Defense Information Technology Contracting Organization (DITCO) home 

page at https://www.ditco.disa.mil/ under the “Procurement News” tab.

In addition, every year DISA hosts a Forecast to Industry which provides industry 

partners to an opportunity to learn about the agency’s plans for the future and 

associated contracting opportunities. Attendees at this and other events (e.g., AFCEA 

TechNet Cyber Symposiums) provided an opportunity to meet with DISA personnel. 

Visit https://www.disa.mil/NewsandEvents/Events for more information.

(6) Procedures for submission and evaluation of unsolicited proposals.

Unsolicited Proposals, conforming to FAR 15.605, must be e-mailed to: 

disa.meade.PLD.mbx.pl22-policy-compliance-review@mail.mil

DARS SUBPART 15.6 — UNSOLICITED PROPOSALS 

15.606 Agency procedures. 

(a) Unless the contractor specifies within the proposal; no reproduction of material 

is allowed beyond the copies needed for PL22, Contract Operations Branch, 

contracting officer, technical and legal reviews. All copies shall be properly 

disposed (shredding hard copies, permanently deleting electronic copies). PL22 

shall maintain an electronic copy of the proposal with the PSD decision 

authority’s letter. 

(b) PL22, Contract Operations Branch is the agency point of contact to coordinate 

the receipt and handling of unsolicited proposals. 

15.606-1 Receipt and initial review. 

(S-90) PL22 shall maintain an unsolicited proposal log which includes, at a minimum, 

the company name, proposal title, DITCO Contracting Office, Technical POC, date 

unsolicited proposal was received, final disposition of the unsolicited proposal. 

(S-91) PL22 will perform the initial review within 10 business days of receipt of the 

unsolicited proposal. Before initiating a comprehensive evaluation, PL22 shall 

make the determination the unsolicited proposal meets the criteria defined in 

FAR 15.606-1(a) (1) through (7). If the proposal meets these requirements, the 

PL22 shall promptly acknowledge receipt and process the proposal for further 
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evaluation. If the proposal does not meet the requirements of FAR 15.606-1(a) 

and should be rejected, the PL22 shall inform the offeror the reasons for 

rejection. 

15.606-2 Evaluation. 

(a) PL22 will coordinate comprehensive evaluations and will attach or imprint on 

each unsolicited proposal circulated for evaluation, if not already present, the 

legend required by FAR 15.609(d) within 15 business days after receipt of the 

unsolicited proposal. 

(b) If the unsolicited proposal meets the criteria in FAR 15.605 and 15.606-1, PL22 

will forward the unsolicited proposal to the appropriate technical representative, 

as designated by the appropriate CoCO, for a comprehensive technical review. 

The technical review shall include a recommendation for acceptance or rejection 

of the proposal after considering the factors outlined in FAR 15.603. The 

technical evaluation recommendation to accept or reject the unsolicited 

proposal shall be documented with supporting rationale. 

(S-90) PL22 will review the entire package including the unsolicited proposals and

the technical evaluation and forward the package to legal for review. Legal will 

provide comments concurring or non-concurring with the evaluation decision. 

15.607 Criteria for acceptance and negotiation of an unsolicited proposal. 

(S-90) A final determination to accept or reject an unsolicited proposal will be made 

by the Vice, Procurement Services Executive (PSE), or by the PSE. 

(S-91) PL22 will draft a proposed letter to accept or reject the unsolicited proposal, 

citing regulatory reasons if the unsolicited proposal is rejected, and may using 

statements from the evaluation. 

(7) Instructions for identifying and marking proprietary information so that it is protected and 

restrictive legends conform to 15.609.

FAR 15.609 Limited use of data.

(a) An unsolicited proposal may include data that the offeror does not want 

disclosed to the public for any purpose or used by the Government except for 

evaluation purposes. If the offeror wishes to restrict the data, the title page must 

be marked with the following legend:

Use and Disclosure of Data
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This proposal includes data that shall not be disclosed outside the Government 

and shall not be duplicated, used, or disclosed-in whole or in part-for any 

purpose other than to evaluate this proposal. However, if a contract is awarded 

to this offeror as a result of-or in connection with-the submission of these data, 

the Government shall have the right to duplicate, use, or disclose the data to the 

extent provided in the resulting contract. This restriction does not limit the 

Government's right to use information contained in these data if they are 

obtained from another source without restriction. The data subject to this 

restriction are contained in Sheets [insert numbers or other identification of 

sheets].

(b) The offeror shall also mark each sheet of data it wishes to restrict with the 

following legend: Use or disclosure of data contained on this sheet is subject to 

the restriction on the title page of this proposal.

(c) The agency point of contact shall return to the offeror any unsolicited proposal 

marked with a legend different from that provided in paragraph (a) of this 

section. The return letter will state that the proposal cannot be considered 

because it is impracticable for the Government to comply with the legend and 

that the agency will consider the proposal if it is resubmitted with the proper 

legend. 

No DISA supplementation.