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ARTICLE · 28 MARCH 2022

US DoD Publishes Final Rule On Enhanced Debriefing Rights For DoD Contractors

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According to the final rule, the enhanced debriefing requirements serve multiple purposes.

United StatesGovernment, Public Sector
Cameron R. Edlefsen
Cameron R. Edlefsen
Marcia Madsen
Marcia Madsen
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On March 18, 2022, the US Department of Defense ("DoD") published a final rule regarding enhanced debriefing rights for unsuccessful offerors with regard to competitive negotiated contracts in excess of $10 million and task orders and delivery orders in excess of $10 million acquired under the Federal Acquisition Regulation ("FAR").1 This rule takes immediate effect and implements Section 818 of the 2018 National Defense Authorization Act ("NDAA"), which mandated such debriefings.2 Prior to the final rule's publication, the DoD implemented Section 818 through a class deviation in March 2018 and then published a proposed rule in May 2021.3 The final rule is largely consistent with the class deviation and incorporates the enhanced debriefing requirements through DFARS 215.506 and DFARS clause 252.215-7016 for contracts and DFARS 216.505 and DFARS clause 252.216-7010 for task or delivery orders. As explained below, the final rule "clarif[ies] the time periods for

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