Page:United States Statutes at Large Volume 124.djvu/3798

124 STAT. 3772 PUBLIC LAW 111–350—JAN. 4, 2011 evaluated cost and technical rating of the offer of the debriefed offeror; (3) the overall ranking of all offers; (4) a summary of the rationale for the award; (5) in the case of a proposal that includes a commercial item that is an end item under the contract, the make and model of the item being provided in accordance with the offer of the contractor awarded the contract; and (6) reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the executive agency. (d) INFORMATION NOT TO BE INCLUDED.—The debriefing may not include point-by-point comparisons of the debriefed offeror’s offer with other offers and may not disclose any information that is exempt from disclosure under section 552(b) of title 5. (e) INCLUSION OF STATEMENT IN SOLICITATION.—Each solicitation for competitive proposals shall include a statement that information described in subsection (c) may be disclosed in post-award debriefings. (f) AFTER SUCCESSFUL PROTEST.—If, within one year after the date of the contract award and as a result of a successful procure- ment protest, the executive agency seeks to fulfill the requirement under the protested contract either on the basis of a new solicitation of offers or on the basis of new best and final offers requested for that contract, the head of the executive agency shall make available to all offerors— (1) the information provided in debriefings under this section regarding the offer of the contractor awarded the contract; and (2) the same information that would have been provided to the original offerors. (g) SUMMARY TO BE INCLUDED IN FILE.—The contracting officer shall include a summary of the debriefing in the contract file. § 3705. Pre-award debriefings (a) REQUEST FOR DEBRIEFING.—When the contracting officer excludes an offeror submitting a competitive proposal from the competitive range (or otherwise excludes that offeror from further consideration prior to the final source selection decision), the excluded offeror may request in writing, within 3 days after the date on which the excluded offeror receives notice of its exclusion, a debriefing prior to award. (b) WHEN DEBRIEFING TO BE CONDUCTED.—The contracting officer shall make every effort to debrief the unsuccessful offeror as soon as practicable but may refuse the request for a debriefing if it is not in the best interests of the Federal Government to conduct a debriefing at that time. (c) PRECONDITION FOR POST-AWARD DEBRIEFING.—The contracting officer is required to debrief an excluded offeror in accordance with section 3704 of this title only if that offeror requested and was refused a pre-award debriefing under subsections (a) and (b). (d) INFORMATION TO BE PROVIDED.—The debriefing conducted under this section shall include— (1) the executive agency’s evaluation of the significant ele- ments in the offeror’s offer; (2) a summary of the rationale for the offeror’s exclusion; and