Overview
This section establishes the procedural framework for handling protests in negotiated acquisitions and mandates specific information disclosure requirements when a protest leads to a re-solicitation or a request for revised proposals.
Key Rules
- Regulatory Governance: Protests must be handled according to the procedures outlined in FAR Part 33, with an emphasis on using Alternative Dispute Resolution (ADR) as per Executive Order 12979.
- Corrective Action Disclosure: If a protest results in a new solicitation or a request for revised proposals within one year of the original award, the Contracting Officer (CO) must disclose specific information to all prospective or competitive range offerors.
- Mandatory Shared Information: The CO must provide information that was previously shared with unsuccessful offerors during debriefings regarding the original winner’s proposal.
- Nonproprietary Data: Agencies must release other nonproprietary information that would have been provided to the original offerors to ensure a level playing field during the re-competition.
Practical Implications
- Leveling the Playing Field: These rules prevent "informational unfairness" by ensuring that if a contract is re-competed, all bidders have access to the same nonproprietary insights about the previously successful proposal that were revealed during debriefings.
- Debriefing Strategy: Contracting Officers must be meticulous in documenting debriefings, as those disclosures become public record for all competitors if the procurement is reopened due to a protest.