Page:United States Statutes at Large Volume 108 Part 4.djvu/622

 108 STAT. 3256 PUBLIC LAW 103-355 —OCT. 13, 1994 (2) by inserting after paragraph (4) the following new paragraph (5): "(5)(A) When a contract is awarded by the head of an agency on the basis of competitive proposals, an unsuccessful offeror, upon written request received by the agency within 3 days after the date on which the unsuccessful offeror receives the notification of the contract award, shall be debriefed and furnished the basis for the selecticn decision and contract award. The head of the agency shall debrief the offeror within, to the maximum extent practicable, five days after receipt of the request by the agency. "(B) The debriefing shall include, at a minimum— "(i) the agency's evaluation of the significant weak or deficient factors in the offeror's offer; "(ii) the overall evaluated cost and technical rating of the offer of the contractor awarded the contract and the overedl evaluated cost and technical rating of the offer of the debriefed offeror; "(iii) the overall ranking of all offers; "(iv) a summary of the rationale for the award; "(v) 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 accordsuice with the offer of the contractor awarded the contract; and "(vi) 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 agency. "(C) 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. "(D) Each solicitation for competitive proposals shall include a statement that information described in subparagraph (B) may be disclosed in post-award debriefings. "(E) If, within one year after the date of the contract award and as a result of a successful procurement protest, the 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 agency shall make available to all offerors— "(i) the information provided in debriefings under this paragraph regarding the offer of the contractor awarded the contract; and "(ii) the same information that would have been provided to the original offerors. "(F) The contracting officer shall include a summary of the debriefing in the contract file.". SEC. 1015. PROTEST FILE. Section 2305 of title 10, United States Code, is amended by adding at the end the following new subsection: "(e) PROTEST FILE. —(1) If, in the case of a solicitation for a contract issued by, or an award or proposed award of a contract by, the head of an agency, a protest is filed pursuant to the procedures in subchapter V of chapter 35 of title 31 and an actual or prospective offeror so requests, a file of the protest shall be

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