§3704 Post-award Debriefings

Summary

When an agency picks a winner after a competitive proposal process, any bidder that did not win can ask in writing for a debriefing within 3 days of getting notice that they lost. The agency should hold the debriefing, as much as practical, within 5 days after it gets the request. The debriefing must explain the agency’s view of the bidder’s major weak points, the evaluated cost and technical scores for the winner and for the debriefed bidder, the overall ranking of offers, a short reason for the award, the make and model if a commercial end item is involved, and reasonable answers to questions about whether the agency followed the solicitation rules and regulations. It must not give a point-by-point comparison or disclose information exempt under section 552(b) of title 5. Solicitations must warn bidders that this information may be shared. If a successful protest within one year leads to a new solicitation or new best offers, the agency must give all offerors the same debriefing information about the winning offer and what would have been given before. The contracting officer must put a summary of the debriefing in the contract file.