(3) Allows for written questions related to the required debriefing that, if submitted within two business days after the debriefing, must be answered within five business days after receipt. (2) Implements the SSD requirements at the thresholds provided in the statute. (1) Provides that, when requested, a written or oral debriefing is required for all contracts and task orders valued at $10 million or more. In sum, the final rule promulgates DFARS provisions and includes the following: While the deviation did not mention the SSD requirement, DOD has been complying.Īn interim rule was issued in May 2021, and on March 18, 2022, DOD published the final rule, which amends multiple sections to the DOD procurement regulations and the Defense Federal Acquisition Regulation Supplement (DFARS) and adds new post-award debriefing contract provisions for both negotiated contracts (DFARS 252.215-7016), and task orders (252.216-7010). In March 2018, DOD issued a class deviation, a deviation applicable to multiple procurements it overrides procurement regulations and is used when necessary to meet the specific needs and requirements of an agency, implementing the post-debriefing question process prior to the completion of the regulatory process. Importantly, it also extended the time to file a GAO protest, providing that a debriefing will remain open until a contractor receives the government's written responses to timely submitted questions, meaning a protest filed within five days of receiving those answers is timely and triggers the CICA stay.

2305, adding an opportunity for disappointed offerors, irrespective of the size of the procurement, to submit written questions related to post-award debriefings within two business days following the debriefing, which DOD must respond to within five business days after receipt. Written or oral debriefings are mandated for task order and delivery order awards (awards under Indefinite Delivery services and supply contracts, respectively, to which the FAR Part 16.5 ordering procedures apply) over $10 million (although GAO still does not have jurisdiction over protests of DOD task order awards unless the order is in excess of $25 million).But where a post-award debriefing is required and timely requested, contractors must file within five days after the first offered debriefing date to trigger stay, which is often many days after the expiration of the 10-day period. Protests must be filed at the GAO within 10 days after the basis of the protest is known or should have been known (typically the date of the award decision), and upon the filing of a timely protest, the performance of the awarded contract is automatically stayed pursuant to the Competition in Contracting Act (CICA). In addition, required post-award debriefings extend the time to file a protest at the GAO. These debriefings can provide useful information about the award decision, particularly for contractors considering challenging the award. As most contractors are aware, companies bidding on federal contracts are entitled to a post-award debriefing where one is required by the Federal Acquisition Regulation (FAR) and requested within three days of notification of contract award.

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