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Title 41, Public ContractsRelease 119-110

§3705 Pre-award Debriefings

Title 41 › Subtitle I — Federal Procurement Policy › CHAPTER 37 — AWARDING OF CONTRACTS › § 3705

Last updated Sep 22, 2026|Official source

Summary

When an offeror is dropped from the competitive range before a contract is awarded, the offeror can ask in writing for a pre-award debriefing within 3 days after being told of the exclusion. The contracting officer must try to give that debriefing as soon as possible, but can refuse if a debriefing then would not be in the government’s best interest. The agency must only provide a post-award debrief under section 3704 if the offeror asked for and was denied a pre-award debriefing. The debriefing must explain the agency’s evaluation of the important parts of the offer, give a brief reason why the offeror was excluded, and answer reasonable questions about whether the selection rules were followed. The debriefing must not reveal how many or who the other offerors were, or details about other proposals. The contracting officer must put a summary of the debriefing in the contract file.

Full Legal Text

Title 41, §3705

Public Contracts, Source: USLM XML via OLRC

(a)Request for Debriefing.—
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)When Debriefing To Be Conducted.—
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)Precondition for Post-Award Debriefing.—
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)Information To Be Provided.—
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)Information Not To Be Disclosed.—
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)Summary To Be Included in File.—
The contracting officer shall include a summary of the debriefing in the contract file.

Legislative History

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)).

Reference

Citations & Metadata

Citation

41 U.S.C. § 3705

Title 41, Public Contracts

Last Updated

Sep 22, 2026

Release point: 119-110