41 U.S.C. § 3704: Post-award debriefings

When a contract is awarded by the head of an executive agency on the basis of competitive proposals, an unsuccessful offeror, on written request received by the agency within 3 days after the date on which the unsuccessful offeror receives the notification of the contract award, shall be debriefed and furnished the basis for the selection decision and contract award. The executive agency shall debrief the offeror within, to the maximum extent practicable, 5 days after receipt of the request by the executive agency. the executive agency’s evaluation of the significant weak or deficient factors in the offeror’s offer; the overall evaluated cost and technical rating of the offer of the contractor awarded the contract and the overall evaluated cost and technical rating of the offer of the debriefed offeror; the overall ranking of all offers; a summary of the rationale for the award; in the case of a proposal that includes a commercial product that is an end item under the contract, the make and model of the item being provided in accordance with the offer of the contractor awarded the contract; and reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the executive agency. The debriefing may not include point-by-point comparisons of the debriefed offeror’s offer with other offers and may not disclose any information that is exempt from disclosure under section 552(b) of title 5 . Each solicitation for competitive proposals shall include a statement that information described in subsection (c) may be disclosed in post-award debriefings. the information provided in debriefings under this section regarding the offer of the contractor awarded the contract; and the same information that would have been provided to the original offerors. The contracting officer shall include a summary of the debriefing in the contract file.