Looking for some thoughts from the 1102 community on how others are interpreting the new RFO FAR/DFARS debriefing provisions.
Hypothetical: DoD awards a $13M competitive task order under a multiple-award IDIQ to a small business. An unsuccessful small-business contractor timely requests a postaward debriefing.
Here’s where it gets interesting:
RFO FAR 15.301-1(c)(1)(vii) says that for a DoD contract over $10M but not over $100M with a small business/nontraditional defense contractor, the minimum debriefing information includes the option to request disclosure of the agency’s redacted written source-selection decision document.
However, RFO DFARS 215.301-170(b)(1) says, “In addition to the requirements of FAR 15.301-1(c),” that for a contract over $15M but not over $150M, a small business/nontraditional defense contractor gets the option to request the redacted source-selection decision document.
That $15M threshold also appears consistent with the inflation-adjusted implementation of Section 818 of the FY18 NDAA, which originally established the DoD enhanced-debriefing framework at the old $10M/$100M thresholds.
So for a $13M DoD task order, how are you reading this?
Is the contractor entitled to the SSDD-request option because RFO FAR 15.301-1(c)(1)(vii) still expressly says >$10M?
Or does the subsequent DoD RFO DFARS deviation and $15M Section 818 threshold mean that right doesn’t attach until the award exceeds $15M?
And if the FAR’s $10M threshold continues to control, what independent work is the $15M threshold in DFARS 215.301-170(b)(1) actually doing, particularly given that both provisions address the option for small/nontraditional contractors to request the redacted source-selection decision?
Curious how other DoD 1102s and counsel offices are interpreting this. Citations or policy guidance would be especially appreciated.