1. Home
  2. |Insights
  3. |DoD Advances Proposed Rule on Enhanced Debriefings

DoD Advances Proposed Rule on Enhanced Debriefings

Client Alert | 1 min read | 05.24.21

On May 20, 2021, the FAR Council issued a proposed Defense Federal Acquisition Regulation Supplement (DFARS) rule on post-award debriefings that largely codifies—and in a number of ways bolsters—the existing enhanced post-award debriefing rules established by the Department of Defense’s (DoD) March 22, 2018 Class Deviation on Enhanced Postaward Debriefing Rights.  The proposed rule requires that the awarding agency provide an oral or written debriefing, when requested, for all contracts, task orders, and delivery orders valued in excess of $10 million.  The rule further augments the DFARS clause on DoD debriefings, requiring (1) debriefings to include a redacted version of the source selection decision document (SSDD) for all awards in excess of $100 million; and (2) the option for a small business or nontraditional defense contractor to request a redacted version of the SSDD for contract awards between $10 million and $100 million.  And as with DoD’s Class Deviation, if an offeror submits additional questions in response to the initial debriefing within two business days of being debriefed, the debriefing shall not close until the agency responds to those questions.  Under those circumstances, the protester’s clock for filing a protest at the Government Accountability Office (GAO) (including the five-day window in which to file and obtain the Competition in Contracting Act’s automatic stay of performance) does not begin to run until such time as the agency provides its response.  If no questions are posed, the protest timelines are unchanged.

Insights

Client Alert | 3 min read | 04.14.26

DOJ’s False Claims Act Resolution Against IBM Signals Heightened Risk for Federal Contractors with DEI Programs

On Friday, April 10, 2026, the U.S. Department of Justice (DOJ) announced that International Business Machines Corporation (IBM) has agreed to pay just over $17 million to resolve allegations that it violated the False Claims Act (FCA) by failing to comply with federal anti-discrimination requirements incorporated into its federal contracts due to allegedly discriminatory diversity, equity, and inclusion (DEI) employment practices. This resolution marks the first FCA settlement secured by the DOJ under its Civil Rights Fraud Initiative, created in May 2025, and announced by then-Deputy Attorney General Todd Blanche as part of the administration’s coordinated efforts to target allegedly unlawful DEI practices. Per the agreement, the settlement is neither an admission of liability by IBM nor a concession by the United States that its claims are not well founded....