Government Contracts Legal Round-Up | 2021 Issue 16 - Government, Public Sector mondaq.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from mondaq.com Daily Mail and Mail on Sunday newspapers.
Thursday, June 3, 2021
The Department of Defense (DoD) recently proposed to amend the Federal Acquisition Regulation Supplement (DFARS) to codify and expand on the rules set forth in DoD’s March 2018 Class Deviation on Enhanced Postaward Debriefing Rights. The proposed rule addresses separately post-award debriefing rights for contract awards and task/delivery order awards.
Contract Awards
Regarding contract awards, the key provisions of DoD’s proposed rule include:
Upon request from the contractor within three days of notification of the contract award, DoD will provide a written or oral post-award debriefing for contracts valued at $10 million or higher.
When required, the minimum post-award debriefing will include:
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Section 818 of the National Defense Authorization Act for Fiscal
Year 2018 (FY 2018 NDAA) ushered in enhanced post-award debriefing
requirements for covered Department of Defense (DOD) procurements.
DOD formally implemented part of those requirements in 2018 in Class Deviation
2018-O0011, which required DOD agencies to give debriefed
offerors two business days in which to pose written questions on
the debriefing, and required agencies to respond to those questions
within five further business days. Under the statute and the class
deviation, if an offeror submits timely post-debriefing questions,
Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA) ushered in enhanced post-award debriefing requirements for covered Department of Defense (DOD).
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The Department of Defense recently issued a proposed rule that would implement the enhanced debriefing procedures required by Congress in the Fiscal Year 2018 National Defense Authorization Act (FY18 NDAA).
TAKEAWAYS
The proposed rule will formally implement the enhanced debriefing procedures required by the Class Deviation previously issued in 2018.
The proposed rule will also allow certain contractors to request a redacted copy of the source selection document.
Task and delivery order competitions valued at $10 million or more will also be subject to the new enhanced debriefing procedures.
The Department of Defense (DoD) recently issued a proposed rule to implement Section 818 of the FY18 NDAA. Under Section 818, Congress required the DoD to issue new regulations in the Defense Acquisition Regulation Supplement (DFARS) on the procedures for enhanced debriefing rules within six months.