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(a) Processing of Unsolicited Offers. The Chief Procurement Officer may consider an unsolicited offer in accordance with this chapter and subject to the legal authorities.

(b) Conditions for Consideration.

(1) To be considered for evaluation an unsolicited offer must be:

(i) In writing;

(ii) Innovative or unique;

(iii) Independently originated and developed by the offeror;

(iv) Prepared without WSSC’s supervision; and

(v) Sufficiently detailed to permit a determination that the proposed product, services, or work could benefit WSSC’s mission or allow it to meet its responsibilities.

(2) An unsolicited offer may not be an advance proposal for a known or anticipated WSSC requirement that can be procured by competitive methods.

(3) Unsolicited offers may be the basis of a competitive procurement if deemed to be in the best interests of WSSC or where competitive procurement is required by law or regulation.

(4) An offeror may designate portions of its unsolicited offer to be confidential if they include proprietary information or contain sensitive personnel information. Disclosure of such information by WSSC will be subject to the Maryland Public Information Act.

(c) Disposition Upon Rejection. An unsolicited offer shall be returned to an offeror, citing reasons, when the proposal does not meet the criteria in subsection (b) of this section, or is not deemed to be advantageous to WSSC. (Procurement regulations § 4-107, dated August 1, 2012)