For DoD Acquisitions, Conference Report For FY 2018 NDAA Includes Enhanced Debriefing Rights and Pilot Program For Protester Payment of Government Costs For Denied GAO Bid Protests


Today, our colleagues Dick Oliver and David Dixon published their Client Alert titled Changes for Bid Protests in FY 2018 NDAAOn November 8, the U.S. Senate and House Armed Services Committees announced that they had reached an agreement to reconcile the different versions of the National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA) passed by the Senate and House earlier in the year.

Takeaways from the recently issued Conference Report include:

  • Enhanced Department of Defense (DoD) post-award debriefing rights include disclosure of a redacted source selection award determination for awards greater than $100 million.
  • There is also an option to request this disclosure for small businesses or nontraditional contractors for awards greater than $10 million.
  • The DoD pilot program will require protester payment of costs for denied Government Accountability Office (GAO) bid protests filed on or after October 1, 2019, if protester has revenues over $250 million.