15.505 Preaward debriefing of offerors
Source: FAR 15.505 on acquisition.gov
Offerors excluded from competition must request a preaward debriefing in writing within 3 days to receive feedback, but will not be given information about other offerors or proposals.
Overview
FAR 15.505 outlines the procedures and requirements for preaward debriefings of offerors excluded from the competitive range or otherwise eliminated from competition before contract award. Its purpose is to ensure transparency and provide unsuccessful offerors with timely, meaningful feedback on their exclusion, while protecting sensitive procurement information.
Key Rules
- Requesting a Preaward Debriefing
- Offerors must submit a written request for a preaward debriefing within 3 days of receiving notice of exclusion. Debriefings may be delayed until after award at the offeror’s request, but only one debriefing is allowed per proposal.
- Timing and Conduct of Debriefings
- Contracting officers must make every effort to provide debriefings promptly, but may delay or refuse them for compelling reasons, documenting the rationale. Debriefings can be conducted orally, in writing, or by other acceptable means, and should be chaired by the contracting officer.
- Debriefing Content and Limitations
- Preaward debriefings must include the agency’s evaluation of significant proposal elements, the rationale for elimination, and responses to relevant questions about the process. They must not disclose information about other offerors or prohibited information per FAR 15.506(e).
- Documentation
- An official summary of the debriefing must be included in the contract file.
Responsibilities
- Contracting Officers: Must provide timely debriefings, document any delays, ensure proper content, and maintain records.
- Contractors: Must request debriefings in writing within 3 days and understand the limits of information provided.
- Agencies: Must ensure debriefings are conducted in accordance with regulations and protect sensitive information.
Practical Implications
- This section promotes fairness and transparency in the procurement process, helping offerors understand why they were excluded and improving future proposals. Missing the 3-day request window forfeits the right to a debriefing. Contractors should be aware that protests may be affected by the timing of debriefings, and that sensitive information about competitors will not be disclosed.
Offerors excluded from the competitive range or otherwise excluded from the competition before award may request a debriefing before award (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3305&num=0&edition=prelim" target="_blank">10 U.S.C. 3305 and http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3705&num=0&edition=prelim" target="_blank">41 U.S.C. 3705).
(a)
(1) The offeror may request a preaward debriefing by submitting a written request for debriefing to the contracting officer within 3 days after receipt of the notice of exclusion from the competition.
(2) At the offeror’s request, this debriefing may be delayed until after award. If the debriefing is delayed until after award, it shall include all information normally provided in a postaward debriefing (see 15.506(d)). Debriefings delayed pursuant to this paragraph could affect the timeliness of any protest filed subsequent to the debriefing.
(3) If the offeror does not submit a timely request, the offeror need not be given either a preaward or a postaward debriefing. Offerors are entitled to no more than one debriefing for each proposal.
(b) The contracting officer shall make every effort to debrief the unsuccessful offeror as soon as practicable, but may refuse the request for a debriefing if, for compelling reasons, it is not in the best interests of the Government to conduct a debriefing at that time. The rationale for delaying the debriefing shall be documented in the contract file. If the contracting officer delays the debriefing, it shall be provided no later than the time postaward debriefings are provided under 15.506. In that event, the contracting officer shall include the information at 15.506(d) in the debriefing.
(c) Debriefings may be done orally, in writing, or by any other method acceptable to the contracting officer.
(d) The contracting officer should normally chair any debriefing session held. Individuals who conducted the evaluations shall provide support.
(e) At a minimum, preaward debriefings shall include-
(1) The agency’s evaluation of significant elements in the offeror’s proposal;
(2) A summary of the rationale for eliminating the offeror from the competition; and
(3) Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed in the process of eliminating the offeror from the competition.
(f) Preaward debriefings shall not disclose-
(1) The number of offerors;
(2) The identity of other offerors;
(3) The content of other offerors’ proposals;
(4) The ranking of other offerors;
(5) The evaluation of other offerors; or
(6) Any of the information prohibited in 15.506(e).
(g) An official summary of the debriefing shall be included in the contract file.