New DoD Rules Enhance Offerors’ Rights


Today, our colleagues John Jensen, Dick Oliver, David Dixon and Alex Ginsberg published their Alert titled Defenders of the Debriefing, New DoD rules enhance contractors’ post-award debriefing rights. Takeaways include:

  • New rules for all Department of Defense (DoD) agencies expand offerors’ rights in connection with post-award debriefings in federal procurements.
  • Offerors now have 2 business days to submit questions to agencies after their debriefings begin, and the debriefings are not concluded until the agencies answer those questions, which they must do in writing within 5 business days.
  • The protest clock for a disappointed offeror only begins to run after the agency answers the offeror’s questions.
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