Class Deviation 2018-O0011
Enhanced Postaward Debriefing Rights

Effective immediately, when providing a postaward debriefing of offerors in accordance with Federal Acquisition Regulation (FAR) 15.506(d), contracting officers shall include in the debriefing information provided to unsuccessful offerors an opportunity to submit additional questions related to the debriefing within two business days after receiving the debriefing. The agency shall respond in writing to the additional questions submitted by an unsuccessful offeror within five business days after receipt of the questions. The agency shall not consider the postaward debriefing to be concluded until the agency delivers its written responses to the unsuccessful offeror.

Furthermore, the agency shall comply with the requirements of FAR 33.104(c) regarding the suspension of contract performance or termination of the awarded contract, upon receipt of a protest filed by an unsuccessful offeror at the U.S. Government Accountability Office (GAO) within-

  • Ten days after the date of contract award;
  • Five days after a debriefing date offered to the protester under a timely debriefing request and no additional questions related to the debriefing are submitted; or
  • Five days after the Government delivers its written response to additional questions submitted by the unsuccessful offerors, whichever is later.

This class deviation implements paragraphs (b) and (c) of section 818 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91 ), which amends 10 U.S.C. 2305(b)(5) and 31 U.S.C. 3553(d)(4) to provide enhanced postaward debriefing rights for unsuccessful offerors and revise the GAO protest timelines.

This class deviation remains in effect until it is incorporated in the DFARS or otherwise rescinded.

Status:
Active
Effective Date: March 22, 2018 (4 years ago)
Expire Date: None Given
Official Documents: Memo
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