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  • Question

    Does this project need to be re-solicited? Does it need to be cancelled on FBO? Are there any FAR clauses that addresses such errors? Is there cause for protest?


    Answer

    This answer is based only on the question and the background information provided. In the background you stated you submitted a bid, which would mean the contract method would be from FAR14 Sealed Bidding. FAR 14.409-1(a) states (1) The contracting officer shall as a minimum (subject to any restrictions in Subpart 9.4) --

     

    (i) Notify each unsuccessful bidder in writing or electronically within three days after contract award, that its bid was not accepted. “Day,” for purposes of the notification process, means calendar day, except that the period will run until a day which is not a Saturday, Sunday, or legal holiday;

     

    (ii) Extend appreciation for the interest the unsuccessful bidder has shown in submitting a bid; and

     

    (iii) When award is made to other than a low bidder, state the reason for rejection in the notice to each of the unsuccessful low bidders.

     

     

    As you can see there is not a debriefing that takes place with sealed bidding.

     

    If your company submitted a proposal and not a bid, the contracting method would fall under FAR 15 Contracting by Negotiation. Under this situation, if the offeror submits a timely request for a debriefing the Gov't will provide one. Below you will see what FAR 15.506 says about a debriefing.

    15.506 -- Postaward Debriefing of Offerors.

     

    (a)

     

    (1) An offeror, upon its written request received by the agency within 3 days after the date on which that offeror has received notification of contract award in accordance with an you are if okay they to be just about done I think shall be debriefed and furnished the basis for the selection decision and contract award.

     

    (2) To the maximum extent practicable, the debriefing should occur within 5 days after receipt of the written request. Offerors that requested a postaward debriefing in lieu of a preaward debriefing, or whose debriefing was delayed for compelling reasons beyond contract award, also should be debriefed within this time period.

     

    (3) An offeror that was notified of exclusion from the competition (see 15.505(a)), but failed to submit a timely request, is not entitled to a debriefing.

     

    (4)

     

    (i) Untimely debriefing requests may be accommodated.

     

    (ii) Government accommodation of a request for delayed debriefing pursuant to 15.505(a)(2), or any untimely debriefing request, does not automatically extend the deadlines for filing protests. Debriefings delayed pursuant to 15.505(a)(2) could affect the timeliness of any protest filed subsequent to the debriefing.

     

    (b) Debriefings of successful and unsuccessful offerors may be done orally, in writing, or by any other method acceptable to the contracting officer.

     

    (c) The contracting officer should normally chair any debriefing session held. Individuals who conducted the evaluations shall provide support.

     

    (d) At a minimum, the debriefing information shall include --

     

    (1) The Government’s evaluation of the significant weaknesses or deficiencies in the offeror’s proposal, if applicable;

     

    (2) The overall evaluated cost or price (including unit prices), and technical rating, if applicable, of the successful offeror and the debriefed offeror, and past performance information on the debriefed offeror;

     

    (3) The overall ranking of all offerors, when any ranking was developed by the agency during the source selection;

     

    (4) A summary of the rationale for award;

     

    (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror; and

     

    (6) Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed.

     

    (e) The debriefing shall not include point-by-point comparisons of the debriefed offeror’s proposal with those of other offerors. Moreover, the debriefing shall not reveal any information prohibited from disclosure by 24.202 or exempt from release under the Freedom of Information Act (5 U.S.C. 552) including --

     

    (1) Trade secrets;

     

    (2) Privileged or confidential manufacturing processes and techniques;

     

    (3) Commercial and financial information that is privileged or confidential, including cost breakdowns, profit, indirect cost rates, and similar information; and

     

    (4) The names of individuals providing reference information about an offeror’s past performance.

     

    (f) An official summary of the debriefing shall be included in the contract file.

     

    If the contracting method used was from FAR15 I recommend you contact the contracting officer and request a debriefing in accordance with FAR 15.506.  It sounds to me like there is some miscommunications happening between the Contracting Officer, COR and Technical and what is being said to you. From what you provided I do not think the Government is saying they awarded to the wrong contractor, but awarded too early to the contractor and should have included a statement saying subject to the availability of funds.  The Contracting Officer should be able to answer all of your questions.

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