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The Department of Defense (DoD) has proposed to amend the
Defense Federal Acquisition Regulation Supplement (DFARS) to
implement Section 818 of the National Defense Authorization Act for
Fiscal Year 2018 (NDAA FY2018) that provides enhanced debriefings
after contract or task order awards.
The enhanced debriefing rights in Section 818 will apply to all
contracts, task orders, and delivery orders in excess of $10
million. All contracts over $10 million will require a written or
oral debriefing when requested. They will also provide contractors
the opportunity to submit follow-up questions within two business
days to the agency after their requested debriefing. The agency
will have five business days to respond and the contracting officer
may not close the debriefing until the agency delivers its written
response to the contractor.
For defense procurements over $10 million and not in excess of
$100 million, small businesses and nontraditional defense
contractors can request a redacted copy of the written source
selection decision document. If the award is over $100 million, the
debriefing must include a redacted copy of the source selection
These changes also create new timeframes for the suspension of a
contract award when protested at the U.S. Government Accountability
Office (GAO). They are as follows:
- Within 10 days after awards exceeding $25 million.
- Within five days of requested debriefing and no follow-up
- Within five days after the date a requested debriefing is
offered and not accepted.
- Within five days after the agency provides written responses to
questions submitted after a requested debriefing.
These amendments will not apply to contracts below the
simplified acquisition threshold. They will apply to commercial
items including commercial off-the-shelf (COTS) items.
Comments are open until July 19, 2021. Comments can be
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