Page:United States Statutes at Large Volume 110 Part 1.djvu/669

 PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 645 niques to provide informal, expeditious, and inexpensive procedures for an offeror to consider using before filing a protest, prior to the award of a contract, of the exclusion of the offeror from the competitive range (or otherwise from further consideration) for that contract.". (b) CIVILIAN AGENCY ACQUISITIONS. —Section 303B of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253b) is amended— (1) by striking out paragraph (6) of subsection (e); (2) by redesignating subsections if), (g), (h), and (i) as subsections (i), (j), (k), and (1), respectively; and (3) by inserting after subsection (e) the following new subsections: "(f)(1) When the contracting officer excludes an offeror submitting a competitive proposal from the competitive range (or otherwise excludes such an 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. 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 Government to conduct a debriefing at that time. "(2) The contracting officer is required to debrief an excluded offeror in accordance with subsection (e) of this section only if that offeror requested and was refused a preaward debriefing under paragraph (1) of this subsection. "(3) The debriefing conducted under this subsection shall include— "(A) the executive agency's evaluation of the significant elements in the offeror's offer; "(B) a summary of the rationale for the offeror's exclusion; and "(C) 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. "(4) The debriefing conducted pursuant to this subsection may not disclose the number or identity of other offerors and shall not disclose information about the content, ranking, or evaluation of other offerors' proposals. "(g) The contracting officer shall include a summary of any debriefing conducted under subsection (e) or (f) in the contract file. "(h) The Federal Acquisition Regulation shall include a provision encouraging the use of alternative dispute resolution techniques to provide informal, expeditious, and inexpensive procedures for an offeror to consider using before filing a protest, prior to the award of a contract, of the exclusion of the offeror from the competitive range (or otherwise from further consideration) for that contract.". SEC. 4105. DESIGN-BUILD SELECTION PROCEDURES. (a) ARMED SERVICES ACQUISITIONS.— (1) Chapter 137 of title 10, United States Code, is amended by inserting after section 2305 the following new section:

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