Browse Arkansas Code titles and sections
10 U.S.C. § 3304 — Post-award debriefings
Federal law — U.S. Code and appendices · legal_authorities
**(a) Request for Debriefing.—** When a contract is awarded by the head of an agency on the basis of competitive proposals, an unsuccessful offeror, upon written request received by the agency within 3 days after the date on which the unsuccessful offeror receives the notification of the contract award, shall be debriefed and furnished the basis for the selection decision and contract award.
**(b) When Debriefing to Be Conducted.—** The head of the agency shall debrief the offeror within, to the maximum extent practicable, five days after receipt of the request by the agency.
**(c) Information to Be Provided.—**
(1) The debriefing shall include, at a minimum—
(A) the agency’s evaluation of the significant weak or deficient factors in the offeror’s offer;
(B) the overall evaluated cost and technical rating of the offer of the contractor awarded the contract and the overall evaluated cost and technical rating of the offer of the debriefed offeror;
(C) the overall ranking of all offers;
(D) a summary of the rationale for the award;
(E) in the case of a proposal that includes a commercial product that is an end item under the contract, the make and model of the item being provided in accordance with the offer of the contractor awarded the contract;
(F) reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency; and
(G) an opportunity for a disappointed offeror to submit, within two business days after receiving a post-award debriefing, additional questions related to the debriefing.
(2) The agency shall respond in writing to any additional question submitted under paragraph (1)(G
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3304
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 5da144c810811894a78bde149f51ff95c785be37cc337b0dbea5d55dbe5eeeaa. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_0ab2d3542229ac52efd038d5
Source file: Laws/federal/codes/united-states-code/title-10/section-3304-post-award-debriefings--a746b62aae.md
Pages: Not recorded – Not recorded
Passage SHA-256: 2e9cee0451345eb4004bbdb5c1c650e64195e789224b305c2eb8129a90101157
Source location: Title 10, Chapter 241, § 3304; chapter-241-awarding-of-contracts.md
Stored source content
**(a) Request for Debriefing.—** When a contract is awarded by the head of an agency on the basis of competitive proposals, an unsuccessful offeror, upon written request received by the agency within 3 days after the date on which the unsuccessful offeror receives the notification of the contract award, shall be debriefed and furnished the basis for the selection decision and contract award.
**(b) When Debriefing to Be Conducted.—** The head of the agency shall debrief the offeror within, to the maximum extent practicable, five days after receipt of the request by the agency.
**(c) Information to Be Provided.—**
(1) The debriefing shall include, at a minimum—
(A) the agency’s evaluation of the significant weak or deficient factors in the offeror’s offer;
(B) the overall evaluated cost and technical rating of the offer of the contractor awarded the contract and the overall evaluated cost and technical rating of the offer of the debriefed offeror;
(C) the overall ranking of all offers;
(D) a summary of the rationale for the award;
(E) in the case of a proposal that includes a commercial product that is an end item under the contract, the make and model of the item being provided in accordance with the offer of the contractor awarded the contract;
(F) reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency; and
(G) an opportunity for a disappointed offeror to submit, within two business days after receiving a post-award debriefing, additional questions related to the debriefing.
(2) The agency shall respond in writing to any additional question submitted under paragraph (1)(G) within five business days after receipt of the question. The agency shall not consider the debriefing to be concluded until the agency delivers its written responses to the disappointed offeror.
**(d) Information Not to Be Included.—** The debriefing may not include point-by-point comparisons of the debriefed offeror’s offer with other offers and may not disclose any information that is exempt from disclosure under [section 552(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b&num=0&edition=prelim).
**(e) Inclusion of Statement in Solicitation.—** Each solicitation for competitive proposals shall include a statement that information described in subsection (c) may be disclosed in post-award debriefings.
**(f) After Successful Protest.—** If, within one year after the date of the contract award and as a result of a successful procurement protest, the agency seeks to fulfill the requirement under the protested contract either on the basis of a new solicitation of offers or on the basis of new best and final offers requested for that contract, the agency shall make available to all offerors—
(1) the information provided in debriefings under this paragraph regarding the offer of the contractor awarded the contract; and
(2) the same information that would have been provided to the original offerors.
**(g) Summary to Be Included in File.—** The contracting officer shall include a summary of any debriefing conducted under this section in the contract file.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Request for Debriefing.—** When the contracting officer excludes an offeror submitting a competitive proposal from the competitive range (or otherwise excludes such an offeror from further consideration prior to the final source selection decision), the excluded offeror may request in writing, within three days after the date on which the excluded offeror receives notice of its exclusion, a debriefing prior to award.
**(b) When Debriefing to Be Conducted.—** 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 it is not in the best interests of the Government to conduct a debriefing at that time.
**(c) Precondition for Post-award Debriefing.—** The contracting officer is required to debrief an excluded offeror in accordance with [section 3304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3304&num=0&edition=prelim) only if that offeror requested and was refused a preaward debriefing under subsections (a) and (b).
**(d) Information to Be Provided.—** The debriefing conducted under subsections (a) and (b) shall include—
(1) the executive agency’s evaluation of the significant elements in the offeror’s offer;
(2) a summary of the rationale for the offeror’s exclusion; and
(3) reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the executive agency.
**(e) Information Not to Be Disclosed.—** The debriefing conducted under subsections (a) and (b) may not disclose the number or identity of other offerors and shall not disclose information about the content
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3305
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 130; Pub. L. 85–861, § 1(44), Sept. 2, 1958, 72 Stat. 1457; Pub. L. 90–268, § 3, Mar. 16, 1968, 82 Stat. 49; Pub. L. 98–369, div. B, title VII, § 2723(b), July 18, 1984, 98 Stat. 1191; Pub. L. 98–525, title XII, § 1213(a), Oct. 19, 1984, 98 Stat. 2591; Pub. L. 99–145, title XIII, § 1303(a)(14), Nov. 8, 1985, 99 Stat. 739; Pub. L. 99–500, § 101(c) [title X, § 924(a), (b)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–153, and Pub. L. 99–591, § 101(c) [title X, § 924(a), (b)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–153; Pub. L. 99–661, div. A, title III, § 313(b), title IX, formerly title IV, § 924(a), (b), Nov. 14, 1986, 100 Stat. 3853, 3932, 3933, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–456, div. A, title VIII, § 806, Sept. 29, 1988, 102 Stat. 2010; Pub. L. 101–189, div. A, title VIII, § 853(f), Nov. 29, 1989, 103 Stat. 1519; Pub. L. 101–510, div. A, title VIII, § 802(a)–(d), Nov. 5, 1990, 104 Stat. 1588, 1589; Pub. L. 103–160, div. A, title XI, § 1182(a)(5), Nov. 30, 1993, 107 Stat. 1771; Pub. L. 103–355, title I, §§ 1011–1016, title IV, § 4401(b), Oct. 13, 1994, 108 Stat. 3254–3257, 3347; Pub. L. 104–106, div. D, title XLI, §§ 4103(a), 4104(a), title XLII, § 4202(a)(2), div. E, title LVI, § 5601(a), Feb. 10, 1996, 110 Stat. 643, 644, 653, 699; Pub. L. 104–201, div. A, title VIII, § 821(a), title X, § 1074(a)(11), (b)(4)(A), Sept. 23, 1996, 110 Stat. 2609, 2659, 2660; Pub. L. 106–65, div. A, title VIII, § 821, Oct. 5, 1999, 113 Stat. 714; Pub. L. 114–328, div. A, title VIII, § 825(a), Dec. 23, 2016, 130 Stat. 2279; Pub. L. 115–91, div. A, title VIII, § 818(b), Dec. 12, 2017, 131 Stat. 1463; Pub. L. 115–232, div. A, title VIII, § 836(c)(3), Aug. 13, 2018, 132 St
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2305
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability.—** This section applies to task and delivery order contracts entered into under sections 3403 and 3405 of this title.
**(b) Issuance of Orders.—** The following actions are not required for issuance of a task or delivery order under a task or delivery order contract:
(1) A separate notice for such order under [section 1708 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1708&num=0&edition=prelim) or section 8(e) of the Small Business Act ([15 U.S.C. 637(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637/e&num=0&edition=prelim)).
(2) Except as provided in subsection (c), a competition (or a waiver of competition approved in accordance with [section 3204(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204/e&num=0&edition=prelim)) that is separate from that used for entering into the contract.
**(c) Multiple Award Contracts.—** When multiple task or delivery order contracts are awarded under section 3403(d)(1)(B) or 3405(f) of this title, all contractors awarded such contracts shall be provided a fair opportunity to be considered, pursuant to procedures set forth in the contracts, for each task or delivery order in excess of $2,500 that is to be issued under any of the contracts unless—
(1) the agency’s need for the services or property ordered is of such unusual urgency that providing such opportunity to all such contractors would result in unacceptable delays in fulfilling that need;
(2) only one such contractor is capable of providing the services or property required at the level of quality required because the services or property ordered are unique or highly specialized;
(3) the task or delivery order should be issued on
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3406
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 2463
TITLE 10—ARMED FORCES
§ 3304
tion can be conducted, the contracting officer
may limit the number of proposals in the com-
petitive range, in accordance with the criteria
specified in the solicitation, to the greatest
number that will permit an efficient competi-
tion among the offerors rated most highly in ac-
cordance with such criteria.
(c) CRITERIA FOR AWARDING CONTRACT.—Except
as provided in section 3301(b) of this title, the
head of the agency shall award a contract with
reasonable promptness to the responsible source
whose proposal is most advantageous to the
United States, considering only cost or price
and the other factors included in the solicita-
tion.
(d) NOTICE OF AWARD.—The head of the agency
shall award the contract by transmitting, in
writing or by electronic means, notice of the
award to such source and, within three days
after the date of contract award, shall notify, in
writing or by electronic means, all other
offerors of the rejection of their proposals.
(e) EXCEPTION
FOR PERISHABLE SUBSISTENCE
ITEMS.—Subsections (c) and (d) do not apply
with respect to the award of a contract for the
acquisition of perishable subsistence items.
(Added and amended Pub. L. 116–283, div. A, title
XVIII, § 1816(c)(2)(C), (5), Jan. 1, 2021, 134 Stat.
4182, 4183; Pub. L. 117–81, div. A, title XVII,
§ 1701(b)(6)(A), Dec. 27, 2021, 135 Stat. 2133.)
Editorial Notes
CODIFICATION
The text of subsec. (b)(4) of section 2305 of this title,
which was transferred to this section and amended by
Pub. L. 116–283, § 1816(c)(1), (2)(C), (5) was based on Pub.
L. 98–369, div. B, title VII, § 2723(b), July 18, 1984, 98
Stat. 1192; Pub. L. 99–500, § 101(c) [title X, § 924(b)], Oct.
18, 1986, 100 Stat. 1783–82, 1783–153, and Pub. L. 99–591,
§ 101(c
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3304
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.