INTRODUCTION
Most enterprises in government contracting encounter the possibility of
submitting an unsolicited proposal. The perceived opportunity arises as a
result of observing a requirement that the company could uniquely fulfill, but
for which the government has yet to issue a formal solicitation.
These opportunities are normally large enough so they can't be sold
off a GSA schedule or an existing contract delivery order, and do not fall
under FAR Part 12, "Commercial Contracting”
CHALLENGES AND STRATEGY
Since your
product or service is not on the funding docket with the agency it does not
have a funding I.D. Your job is to get the technical and project personnel
enthused enough about it to carve out a niche in their program area and support
a funding request for it. They do so by to obtaining a solicitation I.D;
money and authorization to buy from you.
The key to
achieving the above is a good presentation revolving around your capability
statement but supplemented by a pitch that should emphasize specifically how
you understand the agency mission and that your offerings could further it.
Your objective
should be to submit a hard hitting summary with a proposal in letter form,
protected with the standard proprietary markings, through the contracting
officer with whom you have already had discussions to the technical lead in
the agency and request a meeting to make the full pitch.
WORK YOUR PROPOSAL IN STAGES
The following
link is the Federal Acquisition Regulation (FAR) guidance on unsolicited proposals:
FAR Guidance - Unsolicited Proposals
Be advised that you need to assert your rights in technical data and software on anything you give them that is product oriented because you have made an investment in it. When they start putting money into its further development you find them pressuring you for a deal on licensing and free use of it in exchange for funding and orders for services. That is the normal course of events and it can be managed.
Be advised that you need to assert your rights in technical data and software on anything you give them that is product oriented because you have made an investment in it. When they start putting money into its further development you find them pressuring you for a deal on licensing and free use of it in exchange for funding and orders for services. That is the normal course of events and it can be managed.
Another
approach is to carefully locate a platform provider that could use your product or services and team with them on a larger scale, bundled program that may be
going to formal solicitation.
In either of
the above instances, carefully protect your idea using the tips in the below
article:
You will note
that the FAR guidance specifies that cost and pricing data must be submitted so the proposal may be
evaluated. Naturally you must provide that ultimately, but it is
recommended you do not do so with your initial proposal submission.
Simply state you will be pleased discuss with the agency the scope in
terms of types and quantities of product and services, after which you will
price the result of their input for planning purposes, pending a formal solicitation with funding commitment.
If the agency
or a prime gets enthused, they will ask for a Rough Order of Magnitude (ROM)
estimate for planning and funding purposes on what your product or services may
cost. Be careful to make it conservative because those things get cast in
concrete and caveat any ROM with a written statement that your ROM is not a
formal commitment to a contract and that you will be pleased to commit with a
formal proposal from the government through a duly authorized contracting
officer under a funded solicitation.
I have had
clients that have even been requested by agencies to write a statement of work
for such a solicitation
The government
fiscal year is a key driver in terms of available funding and getting it
earmarked. Keep in mind funding for a program using your idea or a platform
using it must fall within a funding cycle that begins 1 October, picks up heavily
in July and August and must conclude in September.
CONCLUSION
Success in
unsolicited proposals is a process:
1.
An initial unsolicited proposal submission after focused marketing is the gateway
2. A
strong presentation to the customer in person is key.
3.
Rough order of magnitude (ROM) pricing permits planning by the customer
4.
A funded solicitation is a green light for a firm contract proposal.
5 A Formal proposal submission under a funded solicitation, committing to
negotiable price, schedule and delivery terms wins the contract.
In
addition to the articles linked above, please review the following 2 articles for further guidance:
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