The topic of post-award debriefs is a common source of angst when trying to determine whether an offeror’s request for debriefing generates a required or optional response from the Contracting Officer (CO).  Contracting Officers are required to provide a post-award Debrief to unsuccessful offerors only under certain conditions and in accordance with the Federal Acquisition Regulation (FAR).  In fact, there are more instances where a debriefing is not required, than there are when one is.  This article will analyze the CO’s obligation to provide a debrief and the conditions in which a debrief are not required.

So, what is a debrief?  A debrief, in common terms, is a series of questions about a completed mission or undertaking.  A post-award debrief may be considered a series of questions asked by an unsuccessful offeror about the agency’s basis for the selection decision.  In other words, the offeror who did not win the contract asks the government a series of questions regarding their proposal’s weaknesses and deficiencies; their ranking among other offerors; total price and other questions to understand why they didn’t win the contract and to improve their future proposal submissions.

‘When’ an offeror may receive a post-award debrief and to what extent depends on the FAR procedures being utilized for the procurement.  Some procurements are executed under Subpart 13.5—Simplified Procedures for Certain Commercial Items, while other opportunities are conducted under FAR 15 –  Contracting by Negotiations.  We’ll analyze the requirement to debrief based on the FAR part the procurement is conducted under.

Debriefings are required for procurements conducted under FAR 15 and Subparts 14.5 and 16.5.

FAR 14 Sealed Bidding:  A debrief is required after step one for procurements conducted under Two-Step Sealed Bidding.  In accordance with 14.503-1(g), the contracting officer shall debrief unsuccessful offerors (see 15.505 and 15.506), upon written request.

FAR 15 Contracting by Negotiations:  A debrief is required for procurements conducted under FAR 15.  This part governs debriefs and provides guidance to the CO and offeror regarding their responsibility and rights.  Procurements under this part require a contracting officer’s response if the CO receives a timely and properly requested debrief.  FAR 15.506 states an offeror, upon its written request received by the agency within 3 days after the date on which that offeror has received notification of contract award in accordance with 15.503(b), shall be debriefed and furnished the basis for the selection decision and contract award.

FAR Subpart 16.5—Indefinite-Delivery Contracts:  A debrief is required under this part based on a dollar threshold.  In accordance with 16.505 (b)(6), the CO shall notify unsuccessful awardees when the total price of a task or delivery order exceeds $5.5 million.

Debriefings are not required under FAR sections 8 or 13.  However, the contracting officer has the discretion to provide minimal debrief information at the request of an offeror.  Offerors should always request a debrief and the CO will usually accommodate the request.

8.404 Use of Federal Supply Schedules:  Debriefs are not required for procurements conducted under FAR 8.  In accordance with FAR 8.404, parts 13, 14 and 15 do not apply to BPAs or orders placed against Federal Supply Schedules contracts.

FAR 13 Simplified Acquisition Procedures:  Debriefs are not required under FAR 13.  The purpose of the procedures under Subpart 13.5 is to vest COs with additional procedural discretion and flexibility that maximizes efficiency and minimizes burden.

Although a debrief is not required in some procurements, unsuccessful offerors should always request a debrief or feedback from the CO.  The contracting officer has discretion and may provide information they feel is relevant and allowable, or they may simply state, “…debriefings are not required under this procurement.”