An innovative proposal is initiated by the proposer to obtain a procurement opportunity that is not submitted in response to a current, recent, or anticipated request for bids or proposals. The unsolicited proposal:
To be considered for evaluation, an innovative, unsolicited proposal must be in writing and sufficiently detailed for ATP to determine the utility or benefit to ATP. Basic information should include:
Prior to submitting an unsolicited proposal, the Proposer must follow the following ATP Procurement requirements found on this website:
Any submission to ATP, including an innovative, unsolicited proposal, is subject to the Texas Open Records Act. Proposers shall clearly mark each page of the unsolicited proposal that contains trade secrets or any confidential, commercial, financial, or other information which the Proposer believes should not be disclosed outside of ATP.
How are Innovative Proposals evaluated?
Step 1 Initial Review
The Procurement Department is the initial contact point responsible for coordinating the evaluation of an innovative unsolicited proposal. Prior to initiating a comprehensive evaluation, the Procurement Department will conduct an initial evaluation to determine if the unsolicited proposal:
- contains sufficient technical and cost information for evaluation;
- is innovative and unique; and
- Describes potential benefits to ATP.
As part of the initial review, Procurement may confer with other ATP departments to determine whether the proposal merits further consideration.
ATP is not required to perform a comprehensive evaluation of an unsolicited proposal that is either unrelated to its mission or requirements, does not offer a measurable net benefit to ATP, fails to provide sufficient information to support a comprehensive evaluation, or is otherwise not in the best interest of ATP. If the initial review outcome is that an unsolicited proposal does not meet the criteria for a comprehensive evaluation, ATP will conduct a second level review. If the second level review confirms the outcome of the initial review, the Proposer will be offered a debriefing regarding how ATP interpreted the unsolicited proposal and why a comprehensive review is not being conducted.
Step 2 Comprehensive Evaluation
The Procurement Department will organize a comprehensive evaluation of the innovative proposal through a defined internal process involving multiple departments to ensure a balanced assessment. The evaluators shall consider the following factors, in addition to any other appropriate factors for the proposal:
- Uniqueness or innovation of the methods, approaches, or concepts demonstrated by the Proposal;
- Relevance to ATP values and mission;
- Overall scientific, technical, socioeconomic or other merits of the Unsolicited Proposal;
- Potential contribution of the effort to ATP’s specific mission;
- Proposer’s capabilities, related experience, facilities, techniques, or unique combinations of these which are integral factors for achieving the unsolicited proposal’s objectives;
- Qualifications, capabilities, and experience of the proposed key personnel or team leader(s) who are critical in achieving the unsolicited proposal’s objectives;
- Responsibility of the Proposer;
- Return on Investment and net cost or benefit to ATP.
Possible outcomes of the comprehensive evaluation include:
- Determination that the unsolicited proposal is of value to ATP, and ATP Procurement shall either:
- Attempt to negotiate a sole source contract; or
- Host full and open completion via an Invitation for Bid (IFB), Request for Proposal (RFP), or other sourcing method.
- Determination that the Unsolicited Proposal is not in the best interest of ATP, and ATP Procurement will provide a written response and/or a debriefing (upon the Proposer’s request).
- Finding that additional information or clarification is required of the Proposer.
How does ATP award an Unsolicited Proposal?
An ATP Contracting Officer may commence negotiation to award a sole source contract or move forward with full and open competition through competitive bids or proposals for an unsolicited proposal only when the:
- Proposal has received a favorable comprehensive evaluation.
- Primary ATP department that the proposed contract would support endorses the procurement.
- Respective administrative departments, including Finance, Risk Management, Economic Opportunity, and General Counsel endorse or approve the procurement; and
- Procurement Department issues a written determination that the procurement qualifies as a sole source, or the Procurement Department determines that the procurement does not qualify as a sole source and is subject to full and open competition. This determination may not be appealed.
Any resulting contract requires approval of ATP executive leadership and may require approval of the ATP Board.
If ATP accepts the proposal, will I be awarded the contract?
Submission of an unsolicited proposal does not guarantee award of a contract. There may be many process steps necessary once ATP determines that an unsolicited proposal may be viable and of benefit to ATP. For example:
- A funding source and budget may be required.
- Approval of various internal departments, external authorities (permitting agencies, funding sources, etc.), ATP executive leadership and Board of Directors may be required.
- The requirement and any subsequent contract may be subject to D/M/WBE goals.
- ATP may determine that the requirement is not a sole source and is subject to full and open competition.
Any contract is subject to negotiation and must conform to ATP business and legal requirements.
Why submit an Innovative Proposal if it might be subject to full and open competition?
An unsolicited proposal can be a valuable means for communicating innovative ideas, concepts, and solutions to ATP. For example, ATP may not be aware of a new and innovative product or service that may help improve a process or service, produce revenue, or reduce costs. By submitting an unsolicited proposal, a person or business might perform a public service and create a business opportunity at the same time. Even if ATP elects to seek full and open competition, the Proposer is in a favorable position to compete for an opportunity that might otherwise not exist.
If the proposal involves no cost to ATP, is it still subject to full and open competition?
Yes. Even if the Unsolicited Proposal required no financial payment from ATP, or if it produces revenue for ATP, it may be subject to full and open competition. All potential costs to ATP include time, resources, surplus materials, rights, or other resources whether tangible or intangible, must be considered in determining if full and open competition is required.
If you have any questions, please contact ATP Procurement via email at procurement@atptx.org.
Download the Unsolicited Proposal Template for submission.
