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ARTICLE · 03 APRIL 2018

DoD Takes Steps To Implement Enhanced Debriefings As Required By NDAA

Holland & Knight
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The Department of Defense has taken steps to implement a portion of the National Defense Authorization Act (NDAA) for Fiscal Year 2018 (Pub. L. 115-91) enhancing postaward debriefing rights.

United StatesGovernment, Public Sector
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Elizabeth Jochum is an Associate in Holland & Knight's Tysons office

The Department of Defense has taken steps to implement a portion of the National Defense Authorization Act (NDAA) for Fiscal Year 2018 (Pub. L. 115-91) enhancing postaward debriefing rights. Specifically, Shay Assad, Director of Defense Pricing/Defense Procurement and Acquisition Policy issued a memorandum on March 22, 2018, requiring contracting officers providing a postaward debriefing in accordance with FAR 15.506(d) to provide unsuccessful offerors an opportunity to submit additional questions related to the debriefing.

Offerors will have two business days after receiving the debriefing in which to submit these questions, and the agency shall respond in writing to the questions within five business days of their receipt. Importantly for determining the timeliness of protests to the Government Accountability Office (GAO), the agency "shall not consider the postaward debriefing to be

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