DOD Proposes Enhanced Debriefing Regulations

Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA) ushered in enhanced post-award debriefing requirements for covered Department of Defense (DOD) procurements. DOD formally implemented part of those requirements in 2018 in Class Deviation 2018-O0011, which required DOD agencies to give debriefed offerors two business days in which to pose written questions on the debriefing, and required agencies to respond to those questions within five further business days. Under the statute and the class deviation, if an offeror submits timely post-debriefing questions, the protest clock does not begin to run until the agency has responded to those questions. We've discussed those timelines here before.