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41 U.S.C. § 3705 — Pre-award debriefings

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 3705 — Pre-award debriefings

**(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

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Source location: Title 41, Chapter 37, § 3705; chapter-037-chapter-37.md

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 3704 — Post-award debriefings

**(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

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 501 — Office of Management and Budget

The Office of Management and Budget is an office in the Executive Office of the President.

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 3705 — Pre-award debriefings

Page 111 TITLE 41—PUBLIC CONTRACTS § 3708 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 3704(c) ........ 41:253b(e)(2). 3704(d) ........ 41:253b(e)(3). 3704(e) ........ 41:253b(e)(4). 3704(f) ........ 41:253b(e)(5). 3704(g) ........ 41:253b(g) (related to 41:253b(e)). June 30, 1949, ch. 288, title III, § 303B(g) (related to § 303B(e)), as added Pub. L. 104–106, title XLI, § 4104(b)(3), Feb. 10, 1996, 110 Stat. 645. Editorial Notes AMENDMENTS 2018—Subsec. (c)(5). Pub. L. 115–232 substituted ‘‘com- mercial product’’ for ‘‘commercial item’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amend- ment; Savings Provision note under section 453b of Title 6, Domestic Security. § 3705. 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 that offeror from further consideration prior to the final source selection decision), the excluded offeror may re- quest 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 prac- ticable but may refuse the request for a debrief- ing if it is not in the best interests of the Fed- eral Government to conduct a debriefing at that time. (c) PRECONDITION FOR POST-AWARD DEBRIEF- ING.—The contracting officer is required to de- brief an e

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