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ARTICLE · 24 MARCH 2022

DoD Issues Final Rule Describing The Enhanced Post-Award Debriefing Rights

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On March 18, 2022, the Department of Defense (DoD) published its final rule implementing Section 818 of the FY 2018 National Defense Authorization Act (NDAA).

United StatesGovernment, Public Sector
Kara Daniels
Kara Daniels
Jessica L. Nejberger
Jessica L. Nejberger
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On March 18, 2022, the Department of Defense (DoD) published its final rule implementing Section 818 of the FY 2018 National Defense Authorization Act (NDAA). This DoD rule describes the post-award debriefing rights for offerors of negotiated DoD contracts, delivery orders, and task orders valued above $10 million, previously implemented through DoD Class Deviation 2018-O0011. The final rule clarifies, as the Federal Circuit held in Nika Technologies, Inc. v. United States, 987 F.3d 1025 (Fed. Cir. 2021), that if the offeror elects not to ask the follow-on debriefing questions permitted under the enhanced debriefing rule, then the debriefing closes (and the protest clock begins) on the date that the agency gave the requested and required debriefing.

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