BETTER DEBRIEFINGS REVISITED

On December 24, 2017 we announced that better debriefings are coming.  Finally, for DOD agencies and contracts, they are here.  We have been suggesting for years that better debriefings will reduce frivolous and so-called blind protests where a protester just wants to see the record.  A contractor now has the opportunity on DOD procurements to ask questions after the debriefing and the debriefing is held open for purposes of protest and automatic stay of performance until the agency answers.

This has to do with FAR 15.506(d).  FAR 15.506 contains a list of things a contractor should insist the agency provide in the debriefing.  That list includes answers to pertinent questions.  That has always been in the regulation.

Now, however, the contractor has the opportunity, after the debriefing, to ask questions within two days.  The DOD agency then has 5 days to respond.  The debriefing is deemed to be open (for purposes of protest) until the DOD agency responds.  Once the DOD agency responds, the contractor has 5 days in which to protest to GAO and obtain the CICA automatic stay of performance.

DOD applies the class deviation to FAR which permits this new procedure to all DOD agency contracts.

We applaud this move by DOD.  Better debriefings ensure better procurements all around.  The only thing missing now is a requirement that the source selection decision be released immediately upon request.  Most questions can be answered in that decision.  There is no good reason to withhold it (carefully redacted to prevent disclosure of confidential and proprietary information). 

bill@spriggsconsultingservices.com