Title 41Public ContractsRelease 119-73not60

§3705 Pre-award Debriefings

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

Last updated Apr 5, 2026|Official source

Summary

When the government removes a bidder from consideration before it makes the final award, the bidder can ask in writing for a pre-award debriefing within 3 days after getting the notice of removal. The contracting officer must try to give the debriefing as soon as possible but may refuse if a debriefing would not be in the government’s best interest. If a bidder asked for a pre-award debriefing and was refused, the contracting officer must later provide the fuller debriefing the law requires. The debriefing must explain the agency’s evaluation of the important parts of the bidder’s proposal, why the bidder was removed, and answer reasonable questions about whether the agency followed the selection rules in the solicitation and regulations. The debriefing cannot say how many or who the other bidders were, or reveal other bidders’ proposal contents, rankings, or evaluations. The contracting officer must put a short summary of the debriefing in the contract file.

Full Legal Text

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.

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 41Public Contracts

Last Updated

Apr 5, 2026

Release point: 119-73not60