Formalization of Enhanced Debriefings Coming Soon to DOD Procurements

Nichols Liu – Recently, the Department of Defense (DOD) published a proposed rule in the Federal Register that would formalize DOD’s Class Deviation Letter issued in March of 2018 regarding enhanced debriefing rights for unsuccessful offerors.  As many contractors are aware, larger DOD source selections have been conducted with more disclosure in debriefings.  The proposed rule formalizes the Class Deviation as it implements Section 818 of the 2018 National Defense Authorization Act (NDAA) by amending Defense Federal Acquisition Regulation Supplement (DFARS) 215.506.