Chapter 18 - Requests for Information, Prequalification of Suppliers, Unsolicited Proposals

18.3.1 How unsolicited proposals are submitted and evaluated

Unsolicited proposals shall be submitted in writing directly to those agencies who establish a primary point of contact to coordinate the receipt and handling of unsolicited proposals. A favorable comprehensive evaluation of an unsolicited proposal by the agency does not alone justify awarding a contract. All contracts must be awarded through competition or other Virginia Public Procurement Act (VPPA) compliant mechanisms. No preference shall be given to the potential supplier that initially offered the unsolicited proposal should a subsequent solicitation be issued for the same product, service or solution; nor should the solicitation be written in favor of that supplier or its technical approach or specifications. All unsolicited proposals submitted to any agency should be subject to the following conditions:

• All unsolicited proposals are submitted at the risk of and expense of the potential supplier.
• An unsolicited proposal is submitted with no obligation on the part of the agency or the Commonwealth.
• Unsolicited proposals must contain no restrictions on the agency's use of any ideas or information contained in such proposals or the Commonwealth.
• The agency may charge a fee for review of an unsolicited proposal. Such fee should be posted by the agency in advance of receiving any unsolicited proposal to give the proposer adequate notice that payment of such fee is required. Proposals requiring technical review may be billed on an hourly basis as appropriate for time spent in review.
• All unsolicited proposals will be evaluated for their participation and inclusion of small businesses including small businesses owned by women, minorities and service-disabled veterans, as well as micro businesses.
• If the unsolicited proposal contains an offer to loan or provide goods or services to an agency at no cost or little cost, and this offer would tend to create a need for subsequent procurements, the requirement for such goods or services and any additional needs shall be offered for competition in accordance with the VPPA. Potential suppliers shall be afforded an opportunity to participate in the resulting procurement process.

In order to constitute a true unsolicited IT proposal, the proposal must meet the following criteria to be accepted and reviewed by an agency:

• The unsolicited proposal must be innovative and unique;
• The proposal must be independently originated and developed by the supplier presenting the proposal to the agency.
• The proposal must have been prepared without government supervision, endorsement, direction or involvement
• The proposal must include sufficient detail to permit a determination by the agency if consideration and review of the proposal would be worthwhile.
• The proposal must not be an advance proposal for a known agency IT requirement that can be acquired through competitive methods.
• The proposal must not address a previously published agency IT requirement.
• All proprietary information included in the proposal which the supplier wishes to remain confidential shall be marked as proprietary. If the entire unsolicited proposal is marked proprietary, it will not be considered for review by an agency.