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DOD Seeks Comments on Proposed Rule for Postaward Debriefings

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The Department of Defense (DOD) has proposed changes to the Defense Federal Acquisition Regulation (DFARS) Supplement to implement a provision in the fiscal year 2018 National Defense Authorization Act that provides offerors enhanced rights with regard to postaward debriefings for competitively negotiated contracts, delivery and task orders.

Section 818 of the FY 2018 NDAA seeks to increase postaward debriefing requirements for contracts valued at $10 million or higher and provide debriefed contractors an opportunity to send follow-up questions and receive responses from agencies, according to the proposed rule posted on May 20.

The section also intends to “extend the timeframe during which the contracting officer shall immediately suspend contract performance or terminate the awarded contract if a protest is filed,” the document states.

The proposed rule would apply to contracts that deal with the procurement of commercial off-the-shelf products and other commercial items in an effort to promote competition and further develop small business capabilities.

“Properly conducted postaward debriefings with this enhanced transparency may minimize the number of unnecessary protests filed while strengthening relationships between DoD and industry,” the proposed rule reads.

Comments on the proposed rule are due July 19th.