News & Analysis as of September 21, 2024

National Defense Authorization Act › Debriefing

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The National Defense Authorization Act is a United States federal statute enacted each year to specify the budget and expenditures of the Department of Defense. The NDAA identifies which agencies are responsible for national defense, provides funding for those agencies and includes instructions on proper use of the funds. less -

The Impact of DOD’s Enhanced Debriefings Rule on Bid Protest Timeliness

Sheppard Mullin Richter & Hampton LLP on 3/31/2022

On March 18, 2022, the Department of Defense (“DOD”) issued its long-awaited Final Rule implementing Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (“NDAA FY 2018”), and formally codifying defense...more

DoD Enhanced Debriefing Final Rule Provides Greater Transparency

Pillsbury Winthrop Shaw Pittman LLP on 3/25/2022

The final rule provides for additional debriefing rights and clarifies the GAO bid protest stay timeliness rules. DoD debriefings now must include a redacted version of the source selection decision document for all awards...more

DOD Finalizes "Enhanced Debriefing" Rule for Federal Procurements

K&L Gates LLP on 3/23/2022

A new regulation outlines U.S. Department of Defense (DOD) contractors' rights to an "enhanced debriefing" in certain procurements. On 18 March 2022, the DOD published a final rule to implement Section 818 of the National...more

DoD Issues Final Rule on Enhanced Post-Award Debriefings

Wiley Rein LLP on 3/22/2022

WHAT: The U.S. Department of Defense (DoD) issued a final rule implementing the requirement for enhanced debriefings established in Section 818 of the National Defense Authorization Act (NDAA) for Fiscal Year 2018 and since...more

So Your Proposal Lost – Now What? Understanding Debriefings

Sheppard Mullin Richter & Hampton LLP on 1/31/2022

Debriefings provide disappointed offerors an invaluable opportunity to hear from agencies directly as to why contract award decisions came out the way they did. Debriefings can also extend the deadlines to file a timely...more

DoD Issues Proposed Rule On Enhanced Post-Award Debriefing Rights

McCarter & English Blog: Government Contracts... on 6/21/2021

As you may recall, Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA required the US Department of Defense (DoD) to draft regulations to establish comprehensive post-award debriefing...more

DOD Proposes Enhanced Debriefing Regulations

Morrison & Foerster LLP - Government... on 5/26/2021

Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA) ushered in enhanced post-award debriefing requirements for covered Department of Defense (DOD) procurements. DOD formally implemented...more

DoD Issues Proposed Rule on Enhanced Debriefing Procedures

Pillsbury Winthrop Shaw Pittman LLP on 5/25/2021

The Department of Defense recently issued a proposed rule that would implement the enhanced debriefing procedures required by Congress in the Fiscal Year 2018 National Defense Authorization Act (FY18 NDAA). The proposed...more

When Must You Protest To Get An Automatic Stay After An Enhanced Debriefing?

Husch Blackwell LLP on 2/8/2021

The automatic stay of award is one of the key elements of a bid protest under the Competition in Contracting Act. The CICA stay is only available when a protest is filed no later than ten days after contract award or no later...more

Enhanced Debriefing End Date Still Unresolved: DOJ Seeks to Overturn “NIKA Technologies”

Bradley Arant Boult Cummings LLP on 12/14/2020

A few months ago, we wrote about how the U.S. Court of Federal Claims (COFC) had defined when the protest clock starts running for a stay of contract performance pending a bid protest if the Department of Defense’s (DOD)...more

GAO Interprets Protest Filing Deadlines in the Wake of Enhanced Debriefing Rules

Cohen Seglias Pallas Greenhall & Furman PC on 11/9/2018

The Department of Defense (DoD) enhanced post-award debriefing requirements, contained in Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (NDAA), have been a large topic of conversation this past...more

DoD’s Enhanced Debriefings: GAO Provides Timeliness Guidance

Pillsbury Winthrop Shaw Pittman LLP on 7/31/2018

In a recent decision, GAO addressed timeliness rules for enhanced debriefing situations. Enhanced Debriefing rule does not alter GAO timeliness rules....more

New Rules for Filing Protests at GAO and New DFARS Debriefing Requirements

Sheppard Mullin Richter & Hampton LLP on 5/1/2018

GAO’s New Electronic Protest Docketing System - GAO finally has unveiled its long-awaited Electronic Protest Docketing System (“EPDS”). Effective May 1, 2018, all new protests (excluding those containing classified...more

Contracting with DoD: Enhanced Debriefings Are Here!

Jones Day on 4/12/2018

In our February 2018 Alert, Jones Day explained that the 2018 National Defense Authorization Act ("NDAA") contained a requirement that the Secretary of Defense implement new rules for enhanced debriefings for certain types of...more

DOD Implements First Steps Toward Enhanced Debriefings

Perkins Coie on 4/11/2018

As competitors in federal negotiated procurements recognize, post-award debriefings are an important feature of the procurement process. Federal Acquisition Regulation (FAR) 15.506 has long mandated that an unsuccessful...more

DoD Issues Class Deviation to Implement Enhanced Postaward Debriefing Requirements from FY 2018 NDAA

PilieroMazza PLLC on 4/10/2018

On Thursday, March 22, the Department of Defense (“DoD”) issued a Federal Acquisition Regulation (“FAR”) class deviation in light of the enhanced postaward debriefing rights required by Section 818 of the National Defense...more

Defenders of the Debriefing

Pillsbury Winthrop Shaw Pittman LLP on 3/30/2018

New DoD rules enhance contractors’ post-award debriefing rights. New rules implemented immediately for all Department of Defense agencies expand offerors’ rights in connection with post-award debriefings in federal...more

DoD Takes Steps to Implement Enhanced Debriefings As Required by NDAA

Holland & Knight LLP on 3/29/2018

The Department of Defense has taken steps to implement a portion of the National Defense Authorization Act (NDAA) for Fiscal Year 2018 (Pub. L. 115-91) enhancing postaward debriefing rights. Specifically, Shay Assad, Director...more

Enhanced Postaward Debriefings Have Arrived!

Bradley Arant Boult Cummings LLP on 3/29/2018

The Office of the Under Secretary of Defense recently issued a memorandum to DOD contracting officials directing as follows...more

New Debriefing Rules in Effect for DOD Contractors

Morrison & Foerster LLP - Government... on 2/17/2018

As we discussed in an earlier post about the NDAA for FY 2018, one of the most significant changes with respect to procurement issues may be related to the DOD’s conduct of debriefings. Perhaps missed in the discussions of a...more

Enhanced Debriefing Rules in the NDAA Offer Protesters Several Practical Advantages

Jones Day on 2/12/2018

The Situation: The 2018 National Defense Authorization Act requires that the Secretary of Defense implement new rules for enhanced debriefings for certain types of acquisitions. The Result: Once implemented, the enhanced...more

What Contractors Need to Know about the Proposed FY 2018 NDAA

Morrison & Foerster LLP - Government... on 11/17/2017

On November 9, 2017, Congress released its conference report on the FY 2018 National Defense Authorization Act. The NDAA coming out of the conference committee contains numerous provisions that would affect government...more

Changes for Bid Protests in FY 2018 NDAA

Pillsbury Winthrop Shaw Pittman LLP on 11/17/2017

For Department of Defense (DoD) acquisitions, the Conference Report for FY 2018 NDAA includes enhanced debriefing rights and pilot program for protester payment of Government costs for denied GAO bid protests. Enhanced DoD...more

Are Changes Coming to Federal Government Contract Debriefings?

Williams Mullen on 10/16/2017

In the world of government contracts, there are lots of rules and regulations that must be followed. Some apply to the contractor, and some apply to the government. ...more

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National Defense Authorization Act › Debriefing

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