DOD Proposes Enhanced Debriefing Regulations

Morrison & Foerster – Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA) ushered in enhanced post-award debriefing requirements for covered Department of Defense (DOD) procurements. DOD formally implemented part of those requirements in 2018 in Class Deviation 2018-O0011, which required DOD agencies to give debriefed offerors two business days in which to pose written questions on the debriefing, and required agencies to respond to those questions within five further business days. On May 20, 2021, DOD published a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to enshrine the changes already contained in the existing class deviation and to implement the remaining enhanced debriefing rights set forth in the FY 2018 NDAA.