Yesterday we lost a proposal and asked for a debriefing.  The KO declined to provide a debriefing, citing FAR 16.505(b) and the fact that the order was under $5.5 million.

I don't read that clause as grounds for denying a debriefing.  Does anybody else read it that way?

Yes. See 16.505 (b) (6), which is not a clause, by the way.

16.505(b)(6).

A multiple-award contract holder is entitled to a debriefing only for order awards exceeding $5.5 Million.  So you have no right to a debriefing, and the contracting officer does not have to have "grounds" for denying a debriefing.  You can ask nicely, and the contracting officer might be willing to give a debriefing on a discretionary basis, but there is no right to demand and there is no basis for talking about "grounds".

It is possible that the contracting officer's decision is entirely prudent.  With regard to debriefings, an acquisition under $5.5 Million is supposed to be a little simpler and easier for the contracting officer.  Demanding a debriefing denies the simpler and easier aspect, and treats every acquisition as if it were of the highest dollar value.  Suppose the contracting officer received 75 offers for a $200K task or delivery order (yes, it happens!) -- I wouldn't do debriefings, either -- I have other acquisitions to work on.

Perhaps instead of asking for a complete FAR 15.506 debriefing, you might instead say that you aren't asking for a debriefing but you have one particular question, and then pose that one question.  Maybe you'll get a response?

1 hour ago, ji20874 said:

I wouldn't do debriefings, either -- I have other acquisitions to work on.

Churn and burn, baby!!

@rsenn Like ji said, if you have questions, just ask... worst case the KO just ignores you. And if you are a small business, reach out to the OSBP/OSDBU POC and tell them how you lost but have a few questions to help make your proposal more competitive for the next time.

2 hours ago, rsenn said:

Does anybody else read it that way?

Yes.

Just ask your question via phone or email. You are not entitled to a debriefing.

Note:  I'm not opposed to a contracting officer voluntarily providing a debriefing under $5.5 Million for a fair opportunity consideration in some cases -- but it is not mandatory and cannot be demanded.

Okay.  I guess I am in the minority, but I read it as 15.506 is the general and applicable clause requiring the debriefing, and 16.505 simply adds more requirements for the debriefing when the order is over $5.5 million.

No, you're wrong.  FAR Subpart 15.5 doesn't reach to fair opportunity considerations under 16.505(b) -- see 15.502.  

For a fair opportunity consideration, FAR 16.505(b)(6) establishes the requirement -- for those circumstances where a debriefing is required, it sends the contracting officer back to 15.506 for convenience instead of repeating the procedural steps again.  

1 hour ago, rsenn said:

Okay.  I guess I am in the minority, but I read it as 15.506 is the general and applicable clause requiring the debriefing, and 16.505 simply adds more requirements for the debriefing when the order is over $5.5 million.

I mistakenly typed "15.505(b)(6)" earlier...  It is "16.505(b)(6)".

A task order competition isn't a "source selection" under Part 15.

I agree with ji20874 that 15.506 isn't necessarily applicable to Multiple Award Contract Ordering procedures under 16.505. 

1 hour ago, rsenn said:

Okay.  I guess I am in the minority, but I read it as 15.506 is the general and applicable clause requiring the debriefing, and 16.505 simply adds more requirements for the debriefing when the order is over $5.5 million.

Stop calling it a clause. It discredits the rest of your thought process.

The requirement for a debriefing concerning an order issued under a multiple award contract comes from statute (e.g. 10 U.S.C. 2304c(d)(5) for DoD).  The statute limits the requirement for a debriefing to orders that exceed $5M, with that limit having been adjusted for inflation to $5.5M.