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 | 5 min read | 08.21.26

FTC Proposes Enforcement Policy Statement on Personalized Pricing: What Businesses Need to Know

On August 19, 2026, the Federal Trade Commission (FTC) announced a proposed Enforcement Policy Statement on personalized pricing — the practice of companies using consumers’ personal data to set individualized prices, discounts, coupons, or other incentives. The proposed statement, which is open for public comment for 30 days following publication in the Federal Register, marks a major step up in the FTC’s focus on data-driven pricing strategies and puts businesses across industries on notice that undisclosed or inadequately disclosed personalized pricing will not be tolerated. Importantly, while the proposed statement is not a binding legal requirement and does not create new legal obligations, it serves as an enforcement warning that the FTC is prepared to use its existing enforcement authority under Section 5 of the FTC Act (Section 5) and is also a potential harbinger of rulemaking. Businesses that engage in — or are considering — personalized pricing should carefully assess their disclosure practices and data collection procedures against the standards articulated in this statement....