Page:United States Statutes at Large Volume 108 Part 4.djvu/634

 108 STAT. 3268 PUBLIC LAW 103-355—OCT. 13, 1994 SEC. 1063. PROMPT NOTICE OF AWARD. (a) SEALED BID PROCEDURES. —Subsection (c) of section 303B of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253b) is amended— (1) in the last sentence, by striking out "transmitting written notice" and inserting in lieu thereof "transmitting, in writing or by electronic means, notice"; and (2) by adding at the end the following: "Within 3 days after the date of contract awara, the executive agency shall notify, in writing or by electronic means, each bidder not awarded the contract that the contract has been awarded.". (b) COMPETITIVE PROPOSALS PROCEDURES.— Paragraph (2) of subsection (d) of such section, as redesignated by section 1061(c)(3)(B), is amended in the second sentence— (1) by striking out "transmitting written notice" and inserting in lieu thereof "transmitting, in writing or by electronic means, notice"; and (2) by striking out "shall promptly notify" and inserting in lieu thereof ", within 3 days after the date of contract award, shall notify, in writing or by electronic means,". SEC. 1064. POST-AWARD DEBRIEFINGS. Section 303B of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253b) is amended— (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) the following new subsection (e): "(e)(1) When a contract is awarded by the head of an executive 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 selection decision and contract award. The executive agency shall debrief the offeror within, to the maximum extent practicable, 5 days after receipt of the request by the executive agency. "(2) The debriefing shall include, at a minimum— "(A) the executive agenc/s evaluation of the significant weak or deficient factors in the offeror's offer; "(B) the overall evaluated cost and technical rating of the offer of the contractor awarded the contract and the overall evaluated cost and technical rating of the offer of the debriefed offeror; "(C) the overall ranking of all offers; "(D) a summary of the rationale for the award; "(E) 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 "(F) 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. "(3) The debriefing may not include point-by-point comparisons of the debriefed offeror^s offer with other offers and may not disclose

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