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10 U.S.C. § 3305 — Pre-award debriefings
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
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Stable record: federal_law:legal_authorities:record_usc_75214b695236d285c977f87c
Source file: Laws/federal/codes/united-states-code/title-10/section-3305-pre-award-debriefings--78caee7b2c.md
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Source location: Title 10, Chapter 241, § 3305; chapter-241-awarding-of-contracts.md
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**(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, ranking, or evaluation of other offerors’ proposals.
**(f) Summary to Be Included in File.—** The contracting officer shall include a summary of any debriefing conducted under this section in the contract file.
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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
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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
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 2465
TITLE 10—ARMED FORCES
§ 3305
‘‘(1) In the case of a contract award in excess of
$100,000,000, a requirement for disclosure of the agen-
cy’s written source selection award determination,
redacted to protect the confidential and proprietary
information of other offerors for the contract award,
and, in the case of a contract award in excess of
$10,000,000 and not in excess of $100,000,000 with a
small business or nontraditional contractor, an op-
tion for the small business or nontraditional con-
tractor to request such disclosure.
‘‘(2) A requirement for a written or oral debriefing
for all contract awards and task or delivery orders
valued at $10,000,000 or higher.
‘‘(3) Provisions ensuring that both unsuccessful and
winning offerors are entitled to the disclosure de-
scribed in paragraph (1) and the debriefing described
in paragraph (2).
‘‘(4) Robust procedures, consistent with section
2305(b)(5)(D) of title 10, United States Code [now 10
U.S.C. 3304(d)], and provisions implementing that sec-
tion in the Federal Acquisition Regulation, to pro-
tect the confidential and proprietary information of
other offerors.’’
§ 3305. Pre-award debriefings
(a) REQUEST FOR DEBRIEFING.—When the con-
tracting 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 prac-
ticable but may refuse the request for
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3305
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