Unsolicited Proposals

Back in 2004, I helped research and develop a process for dealing with unsolicited proposals for a committee that was organizing a huge sporting event. The policy became something entirely different. In 2006, I did a briefing note for a government organization. The items that I had found were:
1) Most jurisdictions created policy based on Model Procurement Code and Regulations 1980 by American Bar Association – minimal procedural aspect to the requirements

2) Interest grew in obtaining innovative solutions, some jurisdictions had opened up scope of unsolicited proposals to Research and Development proposals (Nova Scotia), yet others deny all unsolicited proposals (City of Toronto).

3) A few studies had been conducted to determine what jurisdictions are doing (City of Toronto report published in 2003; Province of Ontario published in 2004)

4) Private sector receives benefit of innovation by partnering with vendors. The difference appears to be the non-disclosure aspect of the idea.

As a result of policies written solely for one industry (IT) or having no policy at all, public sector entities would find there was a mix of processes occurring: contract managers attempt to refuse the unsolicited proposal; vendors discuss ideas but don’t submit anything in writing; or the contract manager deems the item a ‘sole source’ and follows sole source procedures.

Sadly, vendors unfamiliar with the Freedom of Information Act attempt to protect their commercial interests with a non-disclosure statement to protect ideas from FOI or via a competitive process, but public sector agencies are bound by the Act and law trumps non-disclosure statements.

Some jurisdictions left the ‘approval’ process to higher levels (i.e. City Council) who were responsible to public more directly than civil servants.

• One jurisdiction went as far as to prequalify or ‘trial’ a product/service (no contract) before deeming it of merit

I'm looking around at public sector policies now, in 2010, and I'm not seeing anything of real difference. Is the public sector still missing out on innovation?