FINALLY, BETTER DEBRIEFINGS

We've proposed for several years that the government should improve the debriefing process.  There are too many "blind" protests, frivolous protests and far too many disappointed competitors thinking about leaving the government marketplace.  Transparency is the answer.  Thus, we have suggested that the government should release redacted versions of the written source selection award decision in response to a debriefing request.  We also have counseled clients to recite the requirements of FAR 15.505 and 506 in their debriefing request letters and propound questions they want answered.

Finally, we have a giant step in the right direction.  The National Defense Authorization Act (NDAA) for FY 2018 requires revisions to DFARS that require release of a redacted source selection award decision for awards exceeding $100 million ($10 million for small businesses).  It's called a pilot program but it still is a big step forward.  Contractors can ask questions within two business days of receiving the redacted award decision and the debriefing.  The government must respond to the questions within five business days.  When the answers are submitted, the five day requirement for a CICA stay begins.

There is nothing wrong with asking for the redacted source selection award decision in every case.  We've been suggesting that for years.  And there is no need for an aggressive redaction.  Information relating to other competitors should be protected, but that's it.  The government should not be ashamed of its decision and should stand behind it.  We have the utmost confidence that enhanced disclosure of the reasons for the decision will head off "blind" protests (protests really based on lack of information) and frivolous protests (based on misguided notions of what happened).

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bill@spriggsconsultingservices.com   bill@spriggslawgroup.com