§3705 — Title 41 Public Contracts | U.S. Code

Summary

If a bidder is taken out of the competitive range before award, the bidder may ask in writing for a pre-award debriefing within 3 days after getting that notice. The contracting officer must try to give the debriefing quickly but can refuse if it would harm the government’s interest. A debriefing under section 3704 is required only if the request for a pre-award debriefing was made and then refused. The debriefing must explain how the agency evaluated the main parts of the bidder’s offer, give the reason the bidder was excluded, and answer relevant questions about whether the agency followed the solicitation and rules. It cannot say how many or who the other bidders were or show their proposals, rankings, or scores. The contracting officer must put a short summary of the debriefing in the contract file.

Title 41, §3705

Public Contracts — Source: USLM XML via OLRC

(a)When the contracting officer excludes an offeror submitting a competitive proposal from the competitive range (or otherwise excludes that offeror from further consideration prior to the final source selection decision), the excluded offeror may request in writing, within 3 days after the date on which the excluded offeror receives notice of its exclusion, a debriefing prior to award.

(b)The contracting officer shall make every effort to debrief the unsuccessful offeror as soon as practicable but may refuse the request for a debriefing if it is not in the best interests of the Federal Government to conduct a debriefing at that time.

(c)The contracting officer is required to debrief an excluded offeror in accordance with section 3704 of this title only if that offeror requested and was refused a pre-award debriefing under subsections (a) and (b).

(d)The debriefing conducted under this section shall include—

(1)the executive agency’s evaluation of the significant elements in the offeror’s offer;

(2)a summary of the rationale for the offeror’s exclusion; and

(3)reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the executive agency.

(e)The debriefing conducted pursuant to this section may not disclose the number or identity of other offerors and shall not disclose information about the content, ranking, or evaluation of other offerors’ proposals.

(f)The contracting officer shall include a summary of the debriefing in the contract file.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3705(a)41:253b(f)(1) (1st sentence).June 30, 1949, ch. 288, title III, § 303B(f), (g) (related to § 303B(f)), as added Pub. L. 104–106, title XLI, § 4104(b)(3), Feb. 10, 1996, 110 Stat. 645. 3705(b)41:253b(f)(1) (last sentence). 3705(c)41:253b(f)(2). 3705(d)41:253b(f)(3). 3705(e)41:253b(f)(4). 3705(f)41:253b(g) (related to 41:253b(f)).

§3705 Pre-award debriefings

Summary

Title 41, §3705

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata