---
kind: "range"
citation: "10 U.S.C. §§ 3302–3306"
title: "10"
from: "3302"
to: "3306"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/10/3302..3306"
---

# §3302. Sealed bids

- (a) **Opening of Bids.—** Sealed bids shall be opened publicly at the time and place stated in the solicitation.
- (b) **Criteria for Awarding Contract.—** The head of the [agency](/usc/10/4701.md?p=g-1) shall evaluate the bids in accordance with [section 3301(a) of this title](/usc/10/3301.md?p=a) without discussions with the bidders and, except as provided in [section 3301(b) of this title](/usc/10/3301.md?p=b), shall award a contract with reasonable promptness to the responsible bidder whose bid conforms to the solicitation and is most advantageous to the [United States](/usc/10/101.md?p=a-1), considering only price and the other price-related factors included in the solicitation.
- (c) **Notice of Award.—** The award of a contract shall be made by transmitting, in writing or by electronic means, notice of the award to the successful bidder. Within three days after the date of contract award, the head of the [agency](/usc/10/4701.md?p=g-1) shall notify, in writing or by electronic means, each bidder not awarded the contract that the contract has been awarded.

# §3303. Competitive proposals

- (a) **Evaluation and Award.—** The [head of an agency](/usc/10/3004.md) shall evaluate competitive proposals in accordance with [section 3301(a) of this title](/usc/10/3301.md?p=a) and may award a contract—
  - (1) after discussions with the offerors, provided that written or oral discussions have been conducted with all responsible offerors who submit proposals within the competitive [range](/usc/10/101.md?p=f-1); or
  - (2) based on the proposals received, without discussions with the offerors (other than discussions conducted for the purpose of minor clarification) provided that the solicitation included a statement that proposals are intended to be evaluated, and award made, without discussions, unless discussions are determined to be necessary.
- (b) **Limit on Number of Proposals.—** If the contracting [officer](/usc/10/101.md?p=b-1) determines that the number of offerors that would otherwise be included in the competitive [range](/usc/10/101.md?p=f-1) under [subsection (a)(1)](#a-1) exceeds the number at which an efficient competition can be conducted, the contracting [officer](/usc/10/101.md?p=b-1) may limit the number of proposals in the competitive [range](/usc/10/101.md?p=f-1), in accordance with the criteria specified in the solicitation, to the greatest number that will permit an efficient competition among the offerors rated most highly in accordance with such criteria.
- (c) **Criteria for Awarding Contract.—** Except as provided in [section 3301(b) of this title](/usc/10/3301.md?p=b), the head of the [agency](/usc/10/4701.md?p=g-1) shall award a contract with reasonable promptness to the responsible source whose proposal is most advantageous to the [United States](/usc/10/101.md?p=a-1), considering only cost or price and the other factors included in the solicitation.
- (d) **Notice of Award.—** The head of the [agency](/usc/10/4701.md?p=g-1) shall award the contract by transmitting, in writing or by electronic means, notice of the award to such source and, within three days after the date of contract award, shall notify, in writing or by electronic means, all other offerors of the rejection of their proposals.
- (e) **Exception for Perishable Subsistence Items.—** Subsections [(c)](#c) and [(d)](#d) do not apply with respect to the award of a contract for the [acquisition](/usc/10/3001.md?p=c) of perishable subsistence items.

# §3304. Post-award debriefings

- (a) **Request for Debriefing.—** When a contract is awarded by the [head of an agency](/usc/10/3004.md) on the basis of competitive proposals, an unsuccessful offeror, upon written request received by the [agency](/usc/10/4701.md?p=g-1) within 3 days after the date on which the unsuccessful offeror receives the notification of the contract award, shall be debriefed and furnished the basis for the selection decision and contract award.
- (b) **When Debriefing to Be Conducted.—** The head of the [agency](/usc/10/4701.md?p=g-1) shall debrief the offeror within, to the maximum extent practicable, five days after receipt of the request by the [agency](/usc/10/4701.md?p=g-1).
- (c) **Information to Be Provided.—**
  - (1) The debriefing shall include, at a minimum—
    - (A) the [agency](/usc/10/4701.md?p=g-1)’s evaluation of the significant weak or deficient factors in the offeror’s offer;
    - (B) the overall evaluated cost and technical [rating](/usc/10/101.md?p=b-9) of the offer of the [contractor](/usc/10/9511.md?p=7) awarded the contract and the overall evaluated cost and technical [rating](/usc/10/101.md?p=b-9) of the offer of the debriefed offeror;
    - (C) the overall ranking of all offers;
    - (D) a summary of the rationale for the award;
    - (E) in the case of a proposal that [includes](/usc/10/101.md?p=g-4) a commercial product that is an [end item](/usc/10/4872.md?p=f-3) under the contract, the make and model of the item being provided in accordance with the offer of the [contractor](/usc/10/9511.md?p=7) awarded the contract;
    - (F) reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the [agency](/usc/10/4701.md?p=g-1); and
    - (G) an opportunity for a disappointed offeror to submit, within two business days after receiving a post-award debriefing, additional questions related to the debriefing.
  - (2) The [agency](/usc/10/4701.md?p=g-1) shall respond in writing to any additional question submitted under [paragraph (1)(G)](#c-1-G) within five business days after receipt of the question. The [agency](/usc/10/4701.md?p=g-1) shall not consider the debriefing to be concluded until the [agency](/usc/10/4701.md?p=g-1) delivers its written responses to the disappointed offeror.
- (d) **Information Not to Be Included.—** The debriefing may not include point-by-point comparisons of the debriefed offeror’s offer with other offers and may not disclose any information that is exempt from disclosure under [section 552(b) of title 5](/usc/5/552.md?p=b).
- (e) **Inclusion of Statement in Solicitation.—** Each solicitation for competitive proposals shall include a statement that information described in [subsection (c)](#c) may be disclosed in post-award debriefings.
- (f) **After Successful Protest.—** If, within one year after the date of the contract award and as a result of a successful procurement protest, the [agency](/usc/10/4701.md?p=g-1) seeks to fulfill the requirement under the protested contract either on the basis of a new solicitation of offers or on the basis of new best and final offers requested for that contract, the [agency](/usc/10/4701.md?p=g-1) shall make available to all offerors—
  - (1) the information provided in debriefings under this paragraph regarding the offer of the [contractor](/usc/10/9511.md?p=7) awarded the contract; and
  - (2) the same information that would have been provided to the [original](/usc/10/101.md?p=b-10) offerors.
- (g) **Summary to Be Included in File.—** The contracting [officer](/usc/10/101.md?p=b-1) shall include a summary of any debriefing conducted under this section in the contract file.

# §3305. Pre-award debriefings

- (a) **Request for Debriefing.—** When the contracting [officer](/usc/10/101.md?p=b-1) excludes an offeror submitting a competitive proposal from the competitive [range](/usc/10/101.md?p=f-1) (or otherwise excludes such an offeror from further consideration prior to the final source selection decision), the excluded offeror may request in writing, within three days after the date on which the excluded offeror receives notice of its exclusion, a debriefing prior to award.
- (b) **When Debriefing to Be Conducted.—** The contracting [officer](/usc/10/101.md?p=b-1) shall make every effort to debrief the unsuccessful offeror as soon as practicable but may refuse the request for a debriefing if it is not in the best interests of the Government to conduct a debriefing at that time.
- (c) **Precondition for Post-award Debriefing.—** The contracting [officer](/usc/10/101.md?p=b-1) is required to debrief an excluded offeror in accordance with [section 3304 of this title](/usc/10/3304.md) only if that offeror requested and was refused a preaward debriefing under subsections [(a)](#a) and [(b)](#b).
- (d) **Information to Be Provided.—** The debriefing conducted under subsections [(a)](#a) and [(b)](#b) shall include—
  - (1) the executive [agency](/usc/10/4701.md?p=g-1)’s evaluation of the significant elements in the offeror’s offer;
  - (2) a summary of the rationale for the offeror’s exclusion; and
  - (3) reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the executive [agency](/usc/10/4701.md?p=g-1).
- (e) **Information Not to Be Disclosed.—** The debriefing conducted under subsections [(a)](#a) and [(b)](#b) may not disclose the number or identity of other offerors and shall not disclose information about the content, ranking, or evaluation of other offerors’ proposals.
- (f) **Summary to Be Included in File.—** The contracting [officer](/usc/10/101.md?p=b-1) shall include a summary of any debriefing conducted under this section in the contract file.

# §3306. Encouragement of alternative dispute resolution


The [Federal Acquisition Regulation](/usc/10/3002.md) shall include a provision encouraging the use of alternative dispute resolution techniques to provide informal, expeditious, and inexpensive procedures for an offeror to consider using before filing a protest, prior to the award of a contract, of the exclusion of the offeror from the competitive [range](/usc/10/101.md?p=f-1) (or otherwise from further consideration) for that contract.