August 31, 2020

The end of FY20 is around the corner, which means countless government contractors have recently received an award decision (or are patiently waiting for an award decision) from a federal agency. It also means that some contractors are waiting for an opportunity to receive a debriefing under the Federal Acquisition Regulation ("FAR").

Under FAR Part 15 (negotiated procurements) and FAR 16.505(b)(6) (task/delivery orders exceeding $5.5 million), fe...

July 6, 2020

In a relatively rare occurrence, the Government is appealing a U.S. Court of Federal Claims' ("COFC") bid protest decision in NIKA Techs., Inc. v. United States, No. 20-299C (Fed. Cl. Apr. 16, 2020) to the U.S. Court of Appeals for the Federal Circuit (Fed. Cir. Case No. 20-1924).

In its appeal, the Government will be seeking clarity on an all too important issue facing defense contractors and procuring officials in negotiated procurements: where an unsuccessful offeror does n...

March 17, 2020

This GovConJudicata Podcast is on FAR Part 15 debriefings and what government contractors can do to get the most out of them. With debriefings, the watchwords are: relationship building and information gathering.

#2 – Getting the Most Out of FAR Part 15 Debriefings

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September 28, 2019

The end of FY2019 is around the corner, which means countless government contractors have recently received, or are patiently waiting to receive, an award decision from a Federal agency. Likewise, some contractors are also waiting for their opportunity to receive a debriefing.  Under the FAR, for procurements conducted under FAR Part 15 or for task and delivery orders exceeding $5.5 million, Federal agencies are required to provide offerors––win or lose––with a debriefing if it is timely request...

April 24, 2019

GAO decision highlights protest timeliness for postponed pre-award debriefings (competitive range exclusion).

GAO's timeliness rules are strictly construed and provide that a protest following a "required" post-award debrief is timely if it's filed not later than 10 days after the debriefing. 4 CFR § 21.2(a)(2). Where an offeror is excluded from competitive range, a pre-award debriefing that is postponed until after award is "required" only when the "[excluded] offeror requested and was refused...

April 16, 2019

GAO protest is an instructive reminder to contractors regarding timeliness rule for protests filed before a required debriefing.

GAO's regulations generally provide that post-award protests must be filed within 10 days after the basis for protest is known or should have been known. 4 CFR § 21.2(a)(2). Where a debriefing is timely requested and required, however, an exception applies and "the initial protest shall not be filed before the debriefing date offered to the protester, but shall be filed...

July 19, 2018

A recent GAO decision in Exceptional Software Strategies is an instructive reminder of the applicable rule concerning the timeliness of a contractor's debriefing request and illustrates the cascading impact such request has on protest timeliness.  [1] As many of us know, a debriefing can be a powerful tool in a contractor's toolbox.  Debriefings not only allow you an ample opportunity to build relationships with agency personnel but can also help you ascertain whether there were any improprietie...

March 8, 2017

Losing a federal procurement opportunity can be a difficult time for government contractors. Nonetheless, if the procurement effort is conducted under FAR Part 15 or for qualifying task and delivery orders, the agency is required to provide contractors with a debriefing. [1] Debriefings provide unsuccessful offerors and awardees with specific minimal information pertaining to the procurement that is not otherwise prohibited. [2] At a basic level, debriefings may assist contractors in understandi...

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About GovConJudicata

Welcome to GovConJudicata an informational blog/website focusing on government contracts issues, including bid protests (e.g., GAO, COFC), claims, disputes, SBA matters, compliance, regulatory, and cyber (e.g., DFARS, NIST SP 800-171, CMMC).

GovConJudicata is published by Joshua Duvall, managing partner at Matross Edwards, a law firm providing government contracts and cybersecurity legal services to small and mid-sized businesses.

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