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Department of Defense (DOD) Government Accountability Office Debriefing

Holland & Knight LLP

End of Fiscal Year Awards: Know Your Debriefing and Protest Procedures, Deadlines

Holland & Knight LLP on

As in prior years, the upcoming end of the federal fiscal year will be marked by a flurry of contract and task order awards, as federal agencies busily obligate remaining fiscal year 2023 appropriated funds while still...more

Sheppard Mullin Richter & Hampton LLP

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

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

Holland & Knight LLP

DOD Finalizes Enhanced Post-Award Debriefings Rule

Holland & Knight LLP on

The Department of Defense (DOD) issued a final rule on March 18, 2022, that amends the Defense Federal Acquisition Regulation Supplement (DFARS) to require "enhanced" post-award debriefings in certain DOD procurements....more

Pillsbury Winthrop Shaw Pittman LLP

DoD Enhanced Debriefing Final Rule Provides Greater Transparency

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

K&L Gates LLP

DOD Finalizes "Enhanced Debriefing" Rule for Federal Procurements

K&L Gates LLP on

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

Jenner & Block

DoD Issues Final Rule Implementing Enhanced Debriefing Requirement

Jenner & Block on

On March 18, 2022, the Department of Defense (DoD) issued a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to mandate that DoD provide enhanced postaward debriefings to contractors. As we...more

Wiley Rein LLP

DoD Issues Final Rule on Enhanced Post-Award Debriefings

Wiley Rein LLP on

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

Fox Rothschild LLP

How To Use DOD’s New Enhanced Postaward Debriefing Rights for Stronger Bid Protests

Fox Rothschild LLP on

The U.S. Department of Defense (DOD) has just locked in its Enhanced Postaward Debriefing procedures, making it easier for contractors to understand the source selection and contract award process and make informed bid...more

Morrison & Foerster LLP - Government...

Five Peculiarities Of Protests Of Federal Supply Schedule Protests

The General Services Administration’s Federal Supply Schedule contracts are an efficient method for agencies across the Government to meet their needs for many commercially available supplies and services. For requirements...more

McCarter & English Blog: Government Contracts...

DoD Issues Proposed Rule On Enhanced Post-Award Debriefing Rights

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

Pillsbury Winthrop Shaw Pittman LLP

DoD Issues Proposed Rule on Enhanced Debriefing Procedures

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

Woods Rogers

GAO Sustains Protest Due to Unreasonable Agency Evaluation

Woods Rogers on

The Government Accountability Office (“GAO”) recently sustained a protest in the matter of TekSynap Corporation for the agency’s failure to reasonably evaluate proposals.  While the decision is not a novel area of law, it...more

Morrison & Foerster LLP - Government...

February 2021 Bid Protest Roundup (Law360 Spotlight)

This installment of our monthly Law360 bid protest spotlight considers: (1) a company’s successful challenge to an agency’s decision to take corrective action and reopen a competition the company had already won; (2) a...more

Obermayer Rebmann Maxwell & Hippel LLP

NIKA Overturned! The Federal Circuit Takes a Different View on Enhanced Debriefings

Followers of this blog will know that debriefings and protests (and more precisely, a debriefing’s potential impact on protest filing deadlines) are a common topic here at GovConExaminer. That’s mostly because the interplay...more

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

Bradley Arant Boult Cummings LLP

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

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

Fox Rothschild LLP

Utilizing Enhanced Debriefing Procedures To Maximize GAO Bid Protest Effectiveness

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Contractors filed 2,071 bid protests at GAO in 2019– the lowest number in five years. One possible cause for the decline is the Department of Defense’s enhanced debriefing procedures. Enhanced debriefings mean that...more

Bradley Arant Boult Cummings LLP

When Does an Enhanced Debriefing Close? A Recent Court Decision Explains

One might forget these days that bid protests are still going on. But they are, and a recent Court of Federal Claims (COFC) case provides insight into the timeliness of protests for the purpose of obtaining a stay of contract...more

Pillsbury Winthrop Shaw Pittman LLP

COFC Provides Bid Protest Timeliness Guidance

In a recent decision, the U.S. Court of Federal Claims (COFC) addressed the timeliness rules for enhanced debriefing situations. The clock for purposes of obtaining an automatic stay and timeliness may start after the...more

PilieroMazza PLLC

5 Things Government Contractors Should Know About Enhanced Debriefings

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With the end of the fiscal year approaching and the frequency of contract awards increasing, many government contractors will be focusing on post-award debriefings. The Department of Defense (DOD) implemented enhanced...more

Cohen Seglias Pallas Greenhall & Furman PC

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

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

Pillsbury Winthrop Shaw Pittman LLP

DoD’s Enhanced Debriefings: GAO Provides Timeliness Guidance

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

Sheppard Mullin Richter & Hampton LLP

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

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

Jones Day

Contracting with DoD: Enhanced Debriefings Are Here!

Jones Day on

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

Perkins Coie

DOD Implements First Steps Toward Enhanced Debriefings

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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

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