[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1274.210]



[Page 477]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1274_COOPERATIVE AGREEMENTS WITH COMMERCIAL FIRMS--Table of Contents

 

                  Subpart 1274.2_Pre-Award Requirements

 

Sec. 1274.210  Unsolicited proposals.



    (a) For a proposal to be considered a valid unsolicited proposal, 

the submission must--

    (1) Be innovative and unique;

    (2) Be independently originated and developed by the recipient;

    (3) Be prepared without Government supervision, endorsement, 

direction or direct Government involvement;

    (4) Include sufficient technical and cost 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

    (5) Not be an advance proposal for a known agency requirement that 

can be acquired by competitive methods.

    (b) For each unsolicited proposal selected for award, the cognizant 

technical office will prepare and furnish to the Agreement Officer, a 

justification for acceptance of an unsolicited proposal (JAUP). The JAUP 

shall be submitted for the approval of the agreement officer after 

review and concurrence at a level above the technical officer. The 

evaluator shall consider the following factors, in addition to any 

others appropriate for the particular proposal:

    (1) Unique and innovative methods, approaches or concepts 

demonstrated by the proposal.

    (2) Overall scientific or technical merits of the proposal.

    (3) The offeror's capabilities, related experience, facilities, 

techniques, or unique combinations of these which are integral factors 

for achieving the proposal objectives.

    (4) The qualifications, capabilities, and experience of the proposed 

key personnel who are critical in achieving the proposal objectives.

    (5) Current, open solicitations under which the unsolicited proposal 

could be evaluated.

    (c) Unsolicited proposals shall be handled in accordance with NFS 

1815.606, ``Agency Procedures''.

    (d) Unsolicited proposals from foreign sources are subject to NPD 

1360.2, ``Development of International Cooperation in Space and 

Aeronautics Programs''.

    (e) There is no requirement for a public announcement of the award 

of a cooperative agreement. In addition, there is no requirement for 

announcement of awards resulting from unsolicited proposals. However, in 

those instances where a public announcement is planned and the award is 

the result of an unsolicited proposal, in addition to the requirements 

of NFS 1805.303-71(a)(3), NASA personnel must take measures that ensure 

protection of the data and intellectual property rights of submitters of 

unsolicited proposals as provided by FAR 5.202(a)(8).

    (f) Additional information regarding unsolicited proposals is 

available in the handbook entitled, ``Guidance for the Preparation and 

Submission of Unsolicited Proposals'', which is available on the NASA 

Acquisition Internet Service Website at: http://ec.msfc.nasa.gov/hq/

library/unSol-Prop.html.