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ARTICLE · 21 JUNE 2021

DOD Proposed Rule To Codify And Expand Enhanced Debriefings

Ward & Berry
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On May 20, 2021, The Department of Defense published a proposed rule that codifies and expands the DOD's enhanced debriefing program.

United StatesGovernment, Public Sector
Chelsea A. Padgett
Chelsea A. Padgett

On May 20, 2021, The Department of Defense published a proposed rule that codifies and expands the DOD's enhanced debriefing program.

The enhanced debriefing program was initially called for by Congress in the National Defense Authorization Act of 2018 and implemented by the DOD through a class deviation.  Class deviations are generally temporary authorizations to deviate from the FAR/DFARS.

The enhanced debriefing program has proven popular with both industry and government alike.  Accordingly, the proposed rule will expand the enhanced debriefing program and make it permanent.

As initially enacted through the class deviation, the enhanced debriefing program required DOD contracting activities to allow disappointed offerors to submit follow up questions subsequent to a FAR § 15.506 debriefing.  The contracting activity would then need to respond to those follow up questions.  The thinking behind allowing follow up questions is that increased transparency and

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