October 14, 2022

Enhanced Postaward Debrief Procedure

Following issuance by the Department of Defense of Final Rule No. 87 FR 15808 in March of 2022, unsuccessful offers on negotiated contracts, task and delivery orders valued at more than $10 million are able to submit follow-on questions related to a “required” post-award debriefing provided by the procuring Agency. Under the new procedures set forth in the Final Rule, the procuring Agency shall provide unsuccessful offerors “an opportunity to submit additional written questions related to the required debriefing not later than 2 business days after receiving the postaward debriefing.” If the unsuccessful offeror makes a timely submission of follow-on questions, then debriefing period will conclude when the “agency delivers its written response.” The Final Rule calls for the Agency response within 5 business days after receipt of the follow-on questions.

The Enhanced Post Award Debrief provides unsuccessful offerors not only an important tool to clarify issues relating to the Agency award decision, but also additional time to consider whether to protest the award decision.