Improvements to Debriefing - When is a Required Debriefing Provided
For postaward debriefings the agency is directed to provided required debriefings to the "maximum extent practical" within five days of receiving written request of debriefing. The regulations suggest no express sanctions for failure to provide debriefing within this five day limit. The incentive for doing it quickly is to avoid prolonging the time to file a protest or to suspend contract performance – every day prolonged extends the opportunity to file a protest and potentially delay contract performance.
Once a required debriefing occurs, the unsuccessful offeror has no more than 10 days to file a timely protest. In addition, a protest filed within five days after receiving a required debriefing can result in the automatic suspension of contract performance even if the contract was awarded 10 days or even before the protester received the required debriefing.
If the debriefing is required and the requestor protests before receiving it, the GAO will dismiss the protest as premature. After debriefing, the protestor may resubmit its protest as long as its is within 10 days after the debriefing. In order to invoke the suspension of performance provisions, however, the protest must be resubmitted within five days after the debriefing.
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