Whenever possible, a proposal should be submitted without restrictions on the use of technical data provided. A proposal must indicate whether or not it contains proprietary information.
- If an unsolicited proposal includes proprietary data which the submitter does not want disclosed for any purpose other than evaluation of the proposal, the title page must be marked with the following legend:
- USE AND DISCLOSURE OF DATA
This proposal contains proprietary data that is not be disclosed outside the Government and is not to be duplicated, used or disclosed in whole or in part for any purpose other than to evaluate the proposal; provided, that if a contract is awarded to this offeror as a result of or in connection with submission of this data, the Government will have the right to duplicate, use, or disclose the data to the extent provided in the contract. This restriction does not limit the Government's right to use information contained in the data if it is obtainable from another source without restriction. The data subject to this restriction are contained in Sheet(s) ________.
The submitter must also mark each restricted sheet with the following legend:
The following proprietary data is subject to the restriction on the title page of this proposal.
- An unsolicited proposal will be returned to the submitter if it is marked with a different legend than that provided in paragraph (a) above.
EVALUATION OF RESEARCH PROPOSALS:
Preliminary Review. Prior to making a comprehensive technical evaluation of a document submitted as an unsolicited proposal, PHMSA (PHA-30) will determine that the document contains sufficient technical, staffing, and cost information to enable meaningful evaluation. If the document lacks certain information, the submitter will be notified and given the opportunity to submit the needed information. A comprehensive technical evaluation cannot begin until the needed information is received.
If PHMSA determines that the submission does not meet the criteria for consideration as an unsolicited proposal, PHMSA will inform the submitter of the reason(s) for not considering it an unsolicited proposal.
Comprehensive Evaluation. Once an unsolicited proposal is accepted for evaluation, PHMSA's Office of Contracts and Procurement will convene a panel of PHMSA experts to perform an independent evaluation. The panel will assess the potential contribution of the proposed research to the objectives of the PHMSA program under which it might be funded. A decision on whether to proceed with the proposal will be based on this assessment, whether a sole source procurement can be justified under the circumstances, and whether funding is available which may be used to fund the particular unsolicited proposal. PHMSA may approach other Federal agencies to share in the evaluation and consideration of the proposal.
When the technical evaluation has been completed, PHA-30 will inform the submitter of the results of the evaluation and whether or not negotiation of a contract on the basis of the proposal is contemplated.
PHMSA will not return an unsolicited proposal. Proposals are retained in a secure location for a period of time and then destroyed.
ACCEPTANCE/AWARD:
Once a proposal is accepted, PHMSA's Office of Contracts and Procurement will handle the negotiation and award. PHMSA will use the unsolicited proposal as the basis for negotiation with the original submitter and will request additional information specific to the contractual process (certifications, cost and pricing data, facilities information, etc.) as the procurement progresses. The award instrument (contract, grant, or cooperative agreement) will be determined during the negotiation process.
For unsolicited proposals that result in a contract, the submitter must be a "Responsible Prospective Contractor" who meets the standards of FAR Subpart 9.1. The submitter must disclose all conflicts of interest and propose mitigation measures if a conflict exists. (see FAR Subpart 9.5).
An unsolicited proposal that results in an award becomes part of the record of that transaction and may be available to the public on specific request; however, information or material that PHMSA and the recipient mutually agree to be of a privileged nature will be held in confidence to the extent permitted by law, including the Freedom of Information Act (FOIA).
REJECTION
A majority of rejections of unsolicited proposals are the result of relative priorities in the context of PHMSA's current or projected mission goals. The number of awards resulting from Unsolicited Proposals also may be restricted by a limitation of available funds. A notification letter, citing the reason(s) for rejection, will be sent to the individual who made the submission.
ADDITIONAL INFORMATION:
Organizations or individuals desiring more specific information relative to unsolicited proposals should contact the Pipeline and Hazardous Materials Safety Administration, Office of Contracts and Procurement (PHA-30), 1200 New Jersey Avenue SE, Washington, D.C. 20590.