Updated: Feb 10, 2020
The National Defense Authorization Act (“NDAA”) for Fiscal Year 2018 includes enhanced post-award debriefing requirements for the Department of Defense (“DoD”). The 2018 NDAA requires that, in the case of a contract award in excess of $100 million, there will be an automatic disclosure of the defense agency’s written source selection award determination as part of the debriefing process. Contractors will be able to get the agency record and redacted important documents without having to file a protest. Obtaining these document during debriefing will make it easier for contractors to determine what protestable issues may exist and to assess how likely a protest is to succeed, intended to save the government and contractors time and money.
“Myth-busting 3” Further Improving Industry Communication with Effective Debriefings Memo