[Code of Federal Regulations]
[Title 14, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1274.210]

[Page 479]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                   CHAPTER V--NATIONAL AERONAUTICS AND
                          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.