Debriefing To Dead Briefing: How To Avoid Dismissal By Identifying “Required” Debriefings

A recent GAO decision,  Encon DesbuildJV4, LLC, highlights a critical pitfall for contractors: GAO dismissed as untimely a protestfiled within 10 days of a “debriefing” because the debriefing was not “required” under GAO’sprecedent and the applicable regulations.This was true even though thecontracting officer incorrectly told the contractor that the debriefing was required and provided under FAR part 15.

Under 4 C.F.R. § 21.2(a)(2), a protester must file a protest based on grounds other than alleged solicitation improprieties no later than 10 calendar days after the protester knew or should have known the basis for protest. An exception applies when the protest challenges a competitive procurement under which a debriefing is “requested and, when requested, is required”—a standard that largelygovernsprocurements under FAR part 15.In those instances, a protester may wait until after receiving its required debriefing to file.