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41 U.S.C. § 3704 — 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 executive agency on the basis of competitive proposals, an unsuccessful offeror, on 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 executive agency shall debrief the offeror within, to the maximum extent practicable, 5 days after receipt of the request by the executive agency.
**(c) Information To Be Provided.—** The debriefing shall include, at a minimum—
(1) the executive agency’s evaluation of the significant weak or deficient factors in the offeror’s offer;
(2) 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;
(3) the overall ranking of all offers;
(4) a summary of the rationale for the award;
(5) 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; and
(6) 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.
**(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](http
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 3704
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Stable record: federal_law:legal_authorities:record_usc_a4478d1d1f6ab36ca65113df
Source file: Laws/federal/codes/united-states-code/title-41/section-3704-post-award-debriefings--df085a120d.md
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Source location: Title 41, Chapter 37, § 3704; chapter-037-chapter-37.md
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**(a) Request for Debriefing.—** When a contract is awarded by the head of an executive agency on the basis of competitive proposals, an unsuccessful offeror, on 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 executive agency shall debrief the offeror within, to the maximum extent practicable, 5 days after receipt of the request by the executive agency.
**(c) Information To Be Provided.—** The debriefing shall include, at a minimum—
(1) the executive agency’s evaluation of the significant weak or deficient factors in the offeror’s offer;
(2) 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;
(3) the overall ranking of all offers;
(4) a summary of the rationale for the award;
(5) 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; and
(6) 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.
**(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 executive 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 head of the executive agency shall make available to all offerors—
(1) the information provided in debriefings under this section 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 the debriefing in the contract file.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal cause of action**
(1) **In general** — There shall exist a Federal cause of action for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. The substantive law for decision in any such action shall be derived from the law, including choice of law principles, of the State in which such acts of terrorism occurred, unless such law is inconsistent with or preempted by Federal law. Such Federal cause of action shall be brought only for claims for injuries that are proximately caused by sellers 11 So in original. Probably should be “Sellers”. that provide qualified anti-terrorism technology to Federal and non-Federal government 22 So in original. Probably should be “Government”. customers.
(2) **Jurisdiction** — Such appropriate district court of the United States shall have original and exclusive jurisdiction over all actions for any claim for loss of property, personal injury, or death arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller.
**(b) Special rules** In an action brought under this section for damages the following provisions apply:
(1) **Punitive damages** — No punitive damages intended to punish or deter, exemplary damages, or other damages not intended to compensate a plaintiff for actual losses may be awarded, nor shall any party be liable for interest prior to the judgment.
(2) **Noneconomic damages**
(A) *In general* — Noneconomic damages may be awarde
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 453b
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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 that offeror from further consideration prior to the final source selection decision), the excluded offeror may request in writing, within 3 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 Federal 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 3704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3704&num=0&edition=prelim) only if that offeror requested and was refused a pre-award debriefing under subsections (a) and (b).
**(d) Information To Be Provided.—** The debriefing conducted under this section 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 pursuant to this section may not disclose the number or identity of other offerors and shall not disclose information about the content, ranking, or
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 3705
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application.—** This section applies to task and delivery order contracts entered into under sections 4103 and 4105 of this title.
**(b) Actions Not Required for 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 the order under [section 1708 of this title](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 3304(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/e&num=0&edition=prelim)) that is separate from that used for entering into the contract.
**(c) Multiple Award Contracts.—** When multiple contracts are awarded under section 4103(d)(1)(B) or 4105(f) of this title, all contractors awarded the 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 the micro-purchase threshold under [section 1902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1902&num=0&edition=prelim) that is to be issued under any of the contracts, unless—
(1) the executive agency’s need for the services or property ordered is of such unusual urgency that providing the opportunity to all of those contractors would result in unacceptable delays in fulfilling that need;
(2) only one of those contractors is capable of providing the services o
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4106
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Federal law — U.S. Code and appendices · legal_authorities
Page 110
TITLE 41—PUBLIC CONTRACTS
§ 3704
accordance with section 3701(a) of this title and
may award a contract—
(1) after discussions with the offerors, pro-
vided that written or oral discussions have
been conducted with all responsible offerors
who submit proposals within the competitive
range; or
(2) based on the proposals received and with-
out discussions with the offerors (other than
discussions conducted for the purpose of minor
clarification),
if,
as
required
by
section
3306(b)(2)(B)(i) of this title, the solicitation in-
cluded a statement that proposals are in-
tended to be evaluated, and award made, with-
out discussions unless discussions are deter-
mined to be necessary.
(b) LIMIT
ON NUMBER
OF PROPOSALS.—If the
contracting officer determines that the number
of offerors that would otherwise be included in
the competitive range under subsection (a)(1) ex-
ceeds the number at which an efficient competi-
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 those criteria.
(c) CRITERIA FOR AWARDING CONTRACT.—Except
as otherwise provided in section 3701(b) of this
title, the executive agency shall award a con-
tract with reasonable promptness to the respon-
sible source whose proposal is most advan-
tageous to the Federal Government, considering
only cost or price and the other factors included
in the solicitation.
(d) NOTICE OF AWARD.—The executive agency
shall award the contract by transmitting, in
writing or by electronic means, notice of the
award to that source and, within 3 days after the
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 3704
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.