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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 41 U.S.C. § 3705 Pre-award debriefings us united_states_code code_section 41 PUBLIC CONTRACTS 37 AWARDING OF CONTRACTS 3705 41 U.S.C. § 3705 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc41@119-100.zip /us/usc/t41/s3705 data/legal/raw/us/code/title-41/usc41.xml 186ffc88fc0604ce27c4a5144c303d7315b78de463eb91e024d53cea7d0cde98 0977ff7e7fefd99bbd25a86e009a9e4c2707301ec8c49233d17b6604e38702e3 3590e94bf36105e7eed31dd5c578fc9622ebfc3e1d4253ecd26e9ac8b525484a 2026-07-04 official
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41 U.S.C. § 3705 - Pre-award debriefings

Text

(a) Request for Debriefing.— When the contracting officer excludes an offeror submitting a competitive proposal from the competitive range (or otherwise excludes that 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.

(b) When Debriefing To Be Conducted.— 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 Federal Government to conduct a debriefing at that time.

(c) Precondition for Post-Award Debriefing.— The contracting officer is required to debrief an excluded offeror in accordance with section 3704 of this title only if that offeror requested and was refused a pre-award debriefing under subsections (a) and (b).

(d) Information To Be Provided.— The debriefing conducted under this section shall include—

(1) the executive agencys evaluation of the significant elements in the offerors offer;

(2) a summary of the rationale for the offerors exclusion; and

(3) 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.

(e) Information Not To Be Disclosed.— The debriefing conducted pursuant to this section 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.

(f) Summary To Be Included in File.— The contracting officer shall include a summary of the debriefing in the contract file.

(Pub. L. 111350, § 3, Jan. 4, 2011, 124 Stat. 3772.)

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 3705(a)41:253b(f)(1) (1st sentence).June 30, 1949, ch. 288, title III, § 303B(f), (g) (related to § 303B(f)), as added Pub. L. 104106, title XLI, § 4104(b)(3), Feb. 10, 1996, 110 Stat. 645. 3705(b)41:253b(f)(1) (last sentence). 3705(c)41:253b(f)(2). 3705(d)41:253b(f)(3). 3705(e)41:253b(f)(4). 3705(f)41:253b(g) (related to 41:253b(f)).