Look for some changes in the New Year regarding debriefings. For years, Ferlise & Associates has been recommending that clients request a copy of a properly redacted source selection document in connection with debriefings, regardless of the dollar value of the acquisition or and the agency involved. Now Section 818 of the 2018 National Defense Authorization Act (NDAA), titled the “Enhanced Post-Award Debriefing Rights”, which was signed into law December 12, 2017, makes production of a redacted copy of the written source selection award determination mandatory for ANY Defense Agency contract valued over $100 million, or for any Small Business award which is valued at $10 million or more.
That section also requires written or oral debriefings for ALL contract/task or delivery order awards valued at $10 million or more. The third major change is that Defense Agencies must give offerors the option to ask questions within 2 business days after receiving a debriefing. This means that the “protest clock” doesn’t start until the Government answers those questions. While these changes are certainly welcome, please note that they only are applicable to Defense Agencies and not Civilian Agencies like the VA. Hopefully, we will see these reforms spread soon.