Debriefings of unsuccessful government contract bidders are unusual events with little parallel in commercial contracting. The regulations are confounding on whether a debriefing is required, when the debriefing should be provided and what the debriefing must contain. One almost needs an expert just to decipher the debriefing rules in a particular situation.
Often, the attendees come to the table with very different agendas. Theoretically, a debriefing is an opportunity for disappointed bidders to learn from the government how to improve their proposals for the next procurement. From the government’s side, another objective is to give the contractor sufficient explanation of the award rationale to dissuade the contractor from filing a protest.
But some contractors approach the debriefing as a vehicle to trap government personnel into admissions that can be used against it in protests. Not wanting to be victimized under the guise of aiding a contractor to improve, agencies have responded by offering only a written debriefing, providing the contractor as little information as possible.
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