Class Deviation – Enhanced Postaward Debriefing Rights
The Office of the Under Secretary of Defense issued a memorandum to inform Contracts Representatives of the ability to submit questions after a postaward debriefing, which the Government is required to answer reasonable questions, thereby extending the time for submission of a protest. Below is a brief description of this memo:
In March 2018, the Director, Defense Pricing/Defense Procurement and Acquisition Policy, Office of the Under Secretary of Defense issued a Memorandum implementing a class deviation that requires Contracting Officers to permit unsuccessful offerors with an opportunity to submit additional questions after a debriefing within two (2) business days after the debriefing. The deviation also re-emphasized the stay of contract performance under the Competition in Contracting Act of 1984 (“CICA”) or termination of an awarded contract upon Agency receipt of notice of a timely protest by an unsuccessful offeror with the U.S. Government Accountability office in accordance with FAR 33.104(c) provided the protest is filed within:
The enhanced debriefing content requirements include, at a minimum, the agency written source selection award determination (while protecting the confidential and proprietary information of other offerors by redaction) for awards in excess of $100M, or if the contract award exceeds $10M and the Contractor requesting the debrief is a small business or nontraditional contractor.
Note: Before relying on this Class Deviation and corresponding enhanced post-award debriefing rights: (1) the class deviation will remain in place until DFARS revisions, and (2) the enhanced post-award debriefing rights only apply to DoD procurement.
In March 2018, the Director, Defense Pricing/Defense Procurement and Acquisition Policy, Office of the Under Secretary of Defense issued a Memorandum implementing a class deviation that requires Contracting Officers to permit unsuccessful offerors with an opportunity to submit additional questions after a debriefing within two (2) business days after the debriefing. The deviation also re-emphasized the stay of contract performance under the Competition in Contracting Act of 1984 (“CICA”) or termination of an awarded contract upon Agency receipt of notice of a timely protest by an unsuccessful offeror with the U.S. Government Accountability office in accordance with FAR 33.104(c) provided the protest is filed within:
- Ten days after the date of contract award;
- Five days after a debriefing date offered to the protester under a timely debriefing request and no additional questions related to the debriefing are submitted; or
- Five days after the Government delivers its written response to additional questions submitted by the unsuccessful offerors, whichever is later.
The enhanced debriefing content requirements include, at a minimum, the agency written source selection award determination (while protecting the confidential and proprietary information of other offerors by redaction) for awards in excess of $100M, or if the contract award exceeds $10M and the Contractor requesting the debrief is a small business or nontraditional contractor.
Note: Before relying on this Class Deviation and corresponding enhanced post-award debriefing rights: (1) the class deviation will remain in place until DFARS revisions, and (2) the enhanced post-award debriefing rights only apply to DoD procurement.
