10 U.S.C. § 3305 — Pre-award debriefings
submitted 5 years ago by Pub. L. 116-283 to r/title-10-ARMED-FORCES · 293 words · no verdicts yet
An offeror excluded before final source selection may request a preaward debriefing within three days. The contracting officer must make reasonable efforts to provide it, and must provide a post-award debriefing under section 3304 only when a requested preaward debriefing was refused.
(a) Request. When an offeror submitting a competitive proposal is excluded from the competitive range or otherwise excluded before final source selection, it may request a written preaward debriefing within three days after notice of exclusion.
(b) Timing. The contracting officer* must make every effort to debrief as soon as practicable, but may refuse if a debriefing at that time is not in the Government's best interest.
(c) Condition for post-award debriefing. The officer must debrief the excluded offeror under section 3304 only if the offeror requested and was refused a preaward debriefing under (a) and (b).
(d) Information. The preaward debriefing must include the agency's evaluation of significant elements of the offer, a summary of why the offeror was excluded, and reasonable answers to relevant questions about whether the solicitation's source-selection procedures and applicable rules and authorities were followed.
(e) Information withheld. It may not disclose the number or identity of other offerors, or the content, ranking, or evaluation of their proposals.
(f) File summary. The contracting officer must include a summary of the debriefing in the contract file.
When the contracting officer* excludes an offeror submitting a competitive proposal from the competitive range (or otherwise excludes such an offeror from further consideration prior to the final source selection decision), the excluded offeror may request in writing, within three days after the date on which the excluded offeror receives notice of its exclusion, a debriefing prior to award.
The contracting officer shall make every effort to debrief the unsuccessful offeror as soon as practicable but may refuse the request for a debriefing if it is not in the best interests of the Government to conduct a debriefing at that time.
The contracting officer is required to debrief an excluded offeror in accordance with section 3304 of this title only if that offeror requested and was refused a preaward debriefing under subsections (a) and (b).
The debriefing conducted under subsections (a) and (b) shall include—
the executive agency’s evaluation of the significant elements in the offeror’s offer;
a summary of the rationale for the offeror’s exclusion; and
reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the executive agency.
The debriefing conducted under subsections (a) and (b) may not disclose the number or identity of other offerors and shall not disclose information about the content, ranking, or evaluation of other offerors’ proposals.
The contracting officer shall include a summary of any debriefing conducted under this section in the contract file.
Source credit: (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1816(c)(2)(E), (7), Jan. 1, 2021, 134 Stat. 4182, 4183; Pub. L. 117–81, div. A, title XVII, § 1701(b)(6)(B), Dec. 27, 2021, 135 Stat. 2133.)
- 2021Enacted · Pub. L. 116-283 · 134 Stat. 4182, 4183
- 2021Amended · Pub. L. 117-81 · 135 Stat. 2133
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-283 on 2021-01-01.
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