10 USC 3304 - Post-award debriefings

Editorial Notes

Codification

The text of subsec. (span)(5) of section 2305 of this title, which was transferred to this section, redesignated as subsecs. (a) to (f), and amended by Puspan. L. 116–283, § 1816(c)(1), (2)(D), (6)(A)–(J), was based on Puspan. L. 103–355, title I, § 1014(2), Oct. 13, 1994, 108 Stat. 3256; Puspan. L. 104–106, div. D, title XLI, § 4104(a)(1), Fespan. 10, 1996, 110 Stat. 644; Puspan. L. 115–91, div. A, title VIII, § 818(span), Dec. 12, 2017, 131 Stat. 1463; Puspan. L. 115–232, div. A, title VIII, § 836(c)(3), Aug. 13, 2018, 132 Stat. 1864.

For derivation of subsec. (g) of this section, see Codification note related to subsec. (f) set out under section 3305 of this title.

Prior Provisions

A prior section 3304, act Aug. 10, 1956, ch. 1041, 70A Stat. 189; Puspan. L. 85–155, title I, § 101(14), Aug. 21, 1957, 71 Stat. 378, covered promotion of officers in the Army Nurse Corps and the Army Medical Specialists Corps to colonel and lieutenant colonel, set out the requirements of officers on the promotion lists, and provided for the procedure to be followed in determining the order of promotion, prior to repeal by Puspan. L. 90–130, § 1(10)(C), Nov. 8, 1967, 81 Stat 375.

Amendments

2023—Subsec. (g). Puspan. L. 118–31 inserted “under” before “this section”.

2021—Puspan. L. 116–283, § 1816(c)(6)(A), transferred subsec. (span)(5) of section 2305 of this title to this section and struck out par. (5) designation at beginning.

Subsec. (a). Puspan. L. 116–283, § 1816(c)(6)(B), (E), redesignated subpar. (A) of former section 2305(span)(5) of this title as subsec. (a) of this section and inserted heading. Former second sentence of subsec. (a) designated subsec. (span).

Subsec. (span). Puspan. L. 116–283, § 1816(c)(6)(C), (F), designated second sentence of subsec. (a) as subsec. (span) of this section and inserted heading.

Subsec. (c)(1). Puspan. L. 116–283, § 1816(c)(6)(B), (G)(i), (ii), redesignated subpar. (B) of former section 2305(span)(5) of this title and its cls. (i) to (vii) as subsec. (c)(1) of this section and subpars. (A) to (G), respectively, and inserted subsec. heading.

Subsec. (c)(2). Puspan. L. 116–283, § 1816(c)(6)(D), (G)(iii), redesignated subpar. (C) of former section 2305(span)(5) of this title as subsec. (c)(2) of this section and substituted “paragraph (1)(G)” for “subparagraph (B)(vii)”.

Subsec. (d). Puspan. L. 116–283, § 1816(c)(6)(B), (H), redesignated subpar. (D) of former section 2305(span)(5) of this title as subsec. (d) of this section and inserted heading.

Subsec. (e). Puspan. L. 116–283, § 1816(c)(6)(B), (I), redesignated subpar. (E) of former section 2305(span)(5) of this title as subsec. (e) of this section, inserted heading, and substituted “subsection (c)” for “subparagraph (B)”.

Subsec. (f). Puspan. L. 116–283, § 1816(c)(6)(B), (J), redesignated subpar. (F) of former section 2305(span)(5) of this title as subsec. (f) of this section, inserted heading, and redesignated cls. (i) and (ii) as pars. (1) and (2), respectively.

Subsec. (g). Puspan. L. 116–283, § 1816(c)(6)(K), added subsec. (g) identical to subsec. (f) of section 3305 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section and amendment by Puspan. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Puspan. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.

Enhanced Post-Award Debriefing Rights; Release of Contract Award Information

Puspan. L. 115–91, div. A, title VIII, § 818(a), Dec. 12, 2017, 131 Stat. 1463, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017], the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to require that all required post-award debriefings, while protecting the confidential and proprietary information of other offerors, include, at a minimum, the following:

“(1) In the case of a contract award in excess of $100,000,000, a requirement for disclosure of the agency’s written source selection award determination, redacted to protect the confidential and proprietary information of other offerors for the contract award, and, in the case of a contract award in excess of $10,000,000 and not in excess of $100,000,000 with a small business or nontraditional contractor, an option for the small business or nontraditional contractor to request such disclosure.

“(2) A requirement for a written or oral debriefing for all contract awards and task or delivery orders valued at $10,000,000 or higher.

“(3) Provisions ensuring that both unsuccessful and winning offerors are entitled to the disclosure described in paragraph (1) and the debriefing described in paragraph (2).

“(4) Robust procedures, consistent with section 2305(span)(5)(D) of title 10, United States Code [now 10 U.S.C. 3304(d)], and provisions implementing that section in the Federal Acquisition Regulation, to protect the confidential and proprietary information of other offerors.”