As our avid readers know, I’m a huge fan of debriefings. Done properly, they provide contractors information that should help them become more competitive in the future.
As much as I appreciate a good debriefing, I’m even more enamored with the Department of Defense’s enhanced debriefing process.
What’s an enhanced debriefing? I’m glad you asked.
DoD’s enhanced debriefing is, as its name implies, a super debriefing. Required by Congress under the 2018 National Defense Authorization Act, the enhanced debriefing requirement compels DoD contracting agencies to provide additional information than they might otherwise provide under a normal debriefing.
Here’s some important information about enhanced debriefings:
When are enhanced debriefings required?
The 2018 NDAA required DoD to provide enhanced debriefings in the post-award context. In other words, this requirement applies after an award has been made—it does not apply to a pre-award debriefing provided after a competitive range elimination but before the award is made.
The value of the award also matters. Enhanced debriefings must be provided to small business or non-traditional contractors for contracts valued over $10 million. Enhanced debriefings must also be provided to any contractor in the case of contracts valued over $100 million.
What information must be provided?
Here’s where things get a little murky. The 2018 NDAA requires that DoD provide the debriefed offeror with a redacted copy of the written source selection decision as part of its debriefing. Implementing the requirement, however, DoD hasn’t given this effect—in some cases, DoD might refuse to provide this document.
Regardless, one of the most consequential aspects of the enhanced debriefing requirement is the emphasis on questions and answers. After receiving the debriefing, contractors are given two business days to ask questions relating to the evaluation. The agency then has five days to respond to those questions. Importantly, the bid protest clock doesn’t start ticking until the agency responds.
Are enhanced debriefings impactful?
You betcha. I’ve seen first-hand the quality of information provided by DoD improve through this process. And just like with “regular” debriefings, contractors are able to implement this information and become more competitive for future bids.
The impact of enhanced debriefings is also reflected in GAO’s bid protest statistics. Over the last couple of years, the number of bid protests filed at GAO has dropped from 2607 (in FY2018) to 2149 (in FY2020). Over that same period, the protest effectiveness rate has increased from 44% to 51%.
Correlation doesn’t necessarily equal causation, but I certainly think these numbers show that offerors are less likely to use the bid protest process to obtain information about proposal evaluations and, instead, to focus on perceived evaluation flaws. Given the apparent success of enhanced debriefings, it wouldn’t surprise me to see them implemented government-wide in the next few years.
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To make the most of your debriefing—enhanced or otherwise—here are second tips to keep in mind. First, immediately request a debriefing. You can do this by simply emailing the contracting officer and saying “I request a debriefing.” Second, make sure you ask insightful questions about the evaluation. Before the debriefing, review the Solicitation and your proposal to put yourself back in that frame of mind. Finally, have an after-action plan to implement the debriefing. Determine how to best modify proposals in the future to address the agency’s concerns. And, if you’re considering a bid protest, promptly discuss options with counsel.
If you have any questions about debriefings, please reach out.