10 U.S.C. § 3305 | Pre-award debriefings

(a)

Request for Debriefing .—

When the contracting officer excludes an offeror submitting a competitive proposal from the competitive range (or otherwise excludes such an offeror from further consideration prior to the final source selection decision), the excluded offeror may request in writing, within three 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 Government to conduct a debriefing at that time.

(c)

Precondition for Post-award Debriefing .—

section 3304 of this titleThe contracting officer is required to debrief an excluded offeror in accordance with only if that offeror requested and was refused a preaward debriefing under subsections (a) and (b).

(d)

Information to Be Provided .—

The debriefing conducted under subsections (a) and (b) 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 under subsections (a) and (b) 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 any debriefing conducted under this section in the contract file.

Pub. L. 116–283, div. A, title XVIII, § 1816(c)(2)(E)Jan. 1, 2021134 Stat. 4182 Pub. L. 117–81, div. A, title XVII, § 1701(b)(6)(B)Dec. 27, 2021135 Stat. 2133(Added and amended , (7), , , 4183; , , .)

Editorial Notes

Codification

section 2305 of this title Pub. L. 116–283, § 1816(c)(1)Pub. L. 104–106, div. D, title XLI, § 4104(a)(3)Feb. 10, 1996110 Stat. 644 Pub. L. 104–201, div. A, title X, § 1074(a)(11)Sept. 23, 1996110 Stat. 2659The text of subsec. (b)(6) of , which was transferred to this section, redesignated as subsecs. (a) to (e), and amended by , (2)(E), (7)(A), (C)–(I), was based on , , ; , , .

section 2305 of this title Pub. L. 116–283, § 1816(c)(1)Pub. L. 104–106, div. D, title XLI, § 4104(a)(3)Feb. 10, 1996110 Stat. 644The text of subsec. (b)(7) of , which was transferred to this section, redesignated as subsec. (f), and amended by , (2)(E), (7)(B), (J), was based on , , .

Prior Provisions

act Aug. 10, 1956, ch. 1041 70A Stat. 189 Pub. L. 85–155, title I, § 101(16)Aug. 21, 195771 Stat. 379 Pub. L. 90–130, § 1(10)(D)Nov. 8, 196781 Stat. 375 Pub. L. 96–513, title II, § 204Dec. 12, 198094 Stat. 2880Sept. 15, 1981A prior section 3305, , ; , , ; , (E), , , related to promotion of officers in regular grade of lieutenant colonel to grade of colonel, prior to repeal by , title VII, § 701, , , 2955, effective . See section 619 et seq. of this title.

Amendments

Pub. L. 116–283, § 1816(c)(7)(A)section 2305 of this title2021—, transferred subsec. (b)(6) of to this section and struck out par. (6) designation at beginning.

Pub. L. 116–283, § 1816(c)(7)(C)section 2305(b)(6) of this titleSubsec. (a). , (E), redesignated subpar. (A) of former as subsec. (a) of this section and inserted heading. Former second sentence of subsec. (a) designated subsec. (b).

Pub. L. 116–283, § 1816(c)(7)(D)Subsec. (b). , (F), designated second sentence of subsec. (a) as subsec. (b) of this section and inserted heading.

Pub. L. 116–283, § 1816(c)(7)(B)section 2305(b)(6) of this title section 3304 of this titleSubsec. (c). , (G), redesignated subpar. (B) of former as subsec. (c) of this section, inserted heading, and substituted “” for “paragraph (5)” and “subsections (a) and (b)” for “subparagraph (A)”.

Pub. L. 116–283, § 1816(c)(7)(B)section 2305(b)(6) of this titleSubsec. (d). , (H), redesignated subpar. (C) of former and its cls. (i) to (iii) as subsec. (d) of this section and pars. (1) to (3), respectively, inserted heading, and substituted “subsections (a) and (b)” for “subparagraph (A)” in introductory provisions.

Pub. L. 116–283, § 1816(c)(7)(B)section 2305(b)(6) of this titleSubsec. (e). , (I), redesignated subpar. (D) of former as subsec. (e) of this section, inserted heading, and substituted “subsections (a) and (b)” for “subparagraph (A)”.

Pub. L. 116–283, § 1816(c)(7)(B)Pub. L. 117–81, § 1701(b)(6)(B)section 2305 of this titleSubsec. (f). , (J), as amended by , redesignated subsec. (b)(7) of as subsec. (f) of this section, inserted heading, and substituted “under this section” for “under paragraph (5) or (6)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81 Pub. L. 116–283 section 1701(a)(2) of Pub. L. 117–81 section 3001 of this titleAmendment by applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and Effective Date note below.

Effective Date

Pub. L. 116–283Jan. 1, 2022section 1801(d) of Pub. L. 116–283 section 3001 of this titleSection and amendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as an Effective Date of 2021 Amendment note preceding .