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FAR 15.506(d)(6) - Debriefing - When is a good time for relevant questions?


FARmer

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Hello All,

I have been busy today…. I have been doing written debriefs for a long long time and recently had a question come about that I thought was a very good point.

Considering FAR 15.506 and providing any kind of debrief, in writing or orally, when are the relevant questions (15.506(d)(6)) about whether source selection procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed due to the CO? While requesting a debrief per 15.506(a)(1) or after the written/oral debrief?

I know some KOs that will not entertain any questions after the written debrief has been given to the offeror in order to start the protest window clock. The thought is that the back and forth question and answer part would still be a part of the actual debrief.

I also know some KOs that will ask for questions up front, but my thought is how would the vendors know what questions to ask if they haven’t seen the debrief?

Any thoughts on this?

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B-407467, Optimal Solutions & Technologies, January 4, 2013:

The USCIS contracting officer provided OST a written debriefing with the award notice, but considered it concluded without providing the offeror the opportunity to receive “responses to relevant questions about whether the procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed.” See Federal Acquisition Regulation (FAR) §§ 15.506( d )( 6 ); 16.505( b )( 4 )( ii ). While our Office will not review the adequacy of an agency’s debriefing (as it is a procedural matter that does not affect the validity of an awarded contract or issued task order), see Healthcare Tech. Solutions Int'l, B-299781, July 19, 2007, 2007 CPD ¶ 132 at 5, we find the decision not to provide an offeror the opportunity to ask reasonable questions during the debriefing is not consistent with applicable procurement regulations, and may unnecessarily cause an unsuccessful offeror to file a bid protest in order to obtain such information.

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I had not read the decision above, but it sort of confirms my approach. I've generally provided the debrief in writing. If I get questions that I consider reasonable, I'll answer them. I haven't had one go further than that, but I would try to maintain the "reasonable" standard for follow up questions. It can't go on forever though--at some point the contractor needs to accept the decision or protest.

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Guest Vern Edwards

I know some KOs that will not entertain any questions after the written debrief has been given to the offeror in order to start the protest window clock. The thought is that the back and forth question and answer part would still be a part of the actual debrief.

I also know some KOs that will ask for questions up front, but my thought is how would the vendors know what questions to ask if they haven’t seen the debrief?

Any thoughts on this?

The conduct of a good debriefing is one of the most challenging and potentially rewarding of contracting officer tasks. The ability to explain complicated matters coherently and persuasively is something to be worked at.

Q&A is the most dangerous part of any debriefing. It takes a lot of skill to be able to answer questions on the fly that are coming from a suspicious or even hostile party, and there is a high risk that answers to spontaneous questions will lead to misunderstandings and conflict. Answers that are poorly thought out or poorly worded can provoke protests.

Here is some language that you might consider putting into your solicitations:

DEBRIEFINGS

We will provide a written or oral debriefing to any unsuccessful offeror upon receipt of a timely written request that is made in accordance with FAR 15.505 or 15.506. In addition to being timely and in writing, a request for debriefing must be addressed to the contracting officer and must be accompanied by a list of specific questions that seek specific information that the offeror wants us to provide. See FAR 15.505(e) and 15.506(d) for descriptions of the kind of information that is normally included in a debriefing.

Questions must be relevant to the evaluation of the requestor’s proposal and should focus on ways to improve future proposals. We will not provide proprietary information in other offerors’ proposals or any other information that is exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 552. See FAR Subpart 24.2.

We will entertain one round of questions about our debriefing, if such questions are submitted to the contracting officer in writing within a reasonable time thereafter. We will respond to such questions promptly.

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