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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 | 1 min read | 01.21.25

Contractor Business Systems: Out With the Old, In With the New (Terminology)

On January 17, 2025, the Department of Defense (DoD) issued a final rule replacing the term “significant deficiency” in the Defense Federal Acquisition Regulation Supplement (DFARS) with the term “material weakness” for use in reviews of contractor business systems.  Effective immediately, a material weakness is defined as “a deficiency or combination of deficiencies in the internal control over information in contractor business systems, such that there is a reasonable possibility that a material misstatement of such information will not be prevented, or detected and corrected, on a timely basis.  A reasonable possibility exists when the likelihood of an event occurring is probable or more than remote but less than likely.” ...