Sec. 822. Enhanced post-award debriefing rights
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Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to require that all required post-award debriefings must provide detailed and comprehensive statements of the agency’s rating for each evaluation criteria and of the agency’s overall award decision. With regard to protecting the confidential and proprietary information of other offerors, the revision shall encourage the release to the company of all information that otherwise would be releaseable in the course of a bid protest challenge to an award.
At a minimum, the revisions shall include— a requirement for disclosure of the agency’s written source selection award determination, redacted if necessary to protect other offerors’ confidential and proprietary information; a requirement for a combined written and oral debriefing for all contract awards and task or delivery orders valued at $10,000,000 or higher; a requirement for an option, at an offerors’ election, for access to an unredacted copy of the source selection award determination and the supporting agency record for outside counsel or other appropriate outside representative for all contract awards and task or delivery orders valued at $10,000,000 or higher; provisions ensuring that both losing and winning offerors are entitled to the applicable enhanced post-award debriefing rights; and robust procedures, consistent with section 2305(b)(5)(C) of title 10, United States Code, and section 15.506(e) of the Federal Acquisition Regulation, to protect the confidential and proprietary information of other offerors.
Section 2305(b)(5) of title 10, United States Code, is amended— by redesignating subparagraphs (C), (D), and
(E)as subparagraphs (D), (E), and (F), respectively; in subparagraph (B)— in clause (v), by striking ; and and inserting a semicolon; in clause (vi), by striking the period at the end and inserting ; and ; and by adding at the end the following new clause: an opportunity for a disappointed offeror to submit within two business days of receiving a post-award debriefing additional, follow-up questions related to the debriefing. ; and by inserting after subparagraph
(B)the following new subparagraph: The agency shall respond in writing to additional, follow-up questions submitted under subparagraph
(B)within five business days. The debriefing will not be considered concluded until the agency delivers its written responses to the disappointed offeror. . Section 3553(d)(4) of title 31, United States Code, is amended— by redesignating subparagraphs
(A)and
(B)as clauses
(i)and
(ii)respectively; by striking The period and inserting
(A)The period ; and by adding at the end the following new subparagraph: For procurements conducted by any component of the Department of Defense, the five-day post-debriefing period does not commence until the day the Government delivers to a disappointed offeror the written responses to any questions submitted pursuant to section 2305(5)(B)(vii) of title 10. . Section 3554(a)(1) of title 31, United States Code, is amended by striking the period at the end and inserting the following: for all protests arising from agencies outside the Department of Defense and within 65 days after the date the protest is submitted to the Comptroller General for all protests arising from the Department of Defense and its subordinate agencies. In protests arising from the Department of Defense and its subordinate agencies which present unusually complex issues or large agency records, the Comptroller General may extend the time for decision but in no event later than 100 days after the protest is submitted. .