Improvements to Debriefing - Timing and Conduct of Debriefings
Proper debriefing commonly functions as the last chance to avoid a protest or if it triggers one, it at least serves to focus the grounds for a protest. In its effort to discourage protests, an agency normally attempts to convey sufficient information that instills confidence that the decision was reasonably based. It seeks to impress upon the unsuccessful offeror that it was treated fairly and its proposal was evaluated properly.
Under the new rules, timing is an essential element. As an incentive to speed the process, protest timeliness rules and statutory automatic suspension of contract performance have become important. A debriefing is a procedure where an after-the-fact explanation of the award decision is presented. A debriefing may be conducted orally, in writing, or in any other method acceptable to the contracting officer. There is no specific legal requirement to hold a face-to-face meeting and in practice nothing precludes a CO from sending written debriefing materials by fax and or conducting a same day telephone conference responding to questions posed by the requestor. Even at face-to-face meetings, the written debriefing materials serve as a way of documenting the information disclosed which is a requirement.
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