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DoD Implements New Enhanced Debriefing Procedures

Client Alert | 1 min read | 03.28.18

On March 22, 2018, the Department of Defense (DoD) issued a Class Deviation to ensure that all DoD agencies comply with the enhanced post-award debriefings set forth in in Section 818 of the FY 2018 National Defense Authorization Act. Effective immediately, offerors may submit additional questions within two business days of their debriefing, to which the agency is required to respond within five business days. A protest filed within five calendar days of receipt of the Government’s responses to additional questions will trigger issuance of the automatic stay of performance provided for by the Competition in Contracting Act.

To read more, visit our blog post on the topic.

Insights

Client Alert | 3 min read | 07.23.26

Protester Beware: Recent GAO Decision Suggests Traditional “Reasonable Possibility” Prejudice Standard May Be Evolving

It is well established that “[c]ompetitive prejudice is an essential element of every viable protest.” Yet, for decades, the U.S. Government Accountability Office (GAO) has tempered this requirement with two critical corollaries: protesters need only demonstrate a “reasonable possibility” that they were prejudiced by an agency’s actions, and GAO “will resolve doubts regarding prejudice in favor of the protester.” These principles have been consistent features of GAO’s bid protest jurisprudence for more than 30 years. See, e.g., United Int’l Eng'g, Inc., B-245448, Jan. 29, 1992, 71 CPD ¶ 177....