102 
(2) the overall evaluated cost and technical rating of the offer of the 
contractor awarded the contract and the overall evaluated cost and 
technical rating of the offer of the debriefed offeror; 
(3) the overall ranking of all offers; 
(4) a summary of the rationale for the award; 
(5) in the case of a proposal that includes a commercial item that 
is an end item under the contract, the make and model of the item 
being provided in accordance with the offer of the contractor awarded 
the contract; and 
(6) reasonable responses to relevant questions posed by the debriefed 
offeror as to whether source selection procedures set forth in the solici-
tation, applicable regulations, and other applicable authorities were fol-
lowed by the executive agency. 
(d) INFORMATION NOT TO BE INCLUDED.—The debriefing may not in-
clude 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. 
(e) INCLUSION OF STATEMENT IN SOLICITATION.—Each solicitation for 
competitive proposals shall include a statement that information described 
in subsection (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 
executive agency seeks to fulfill the requirement under the protested con-
tract 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 head of the execu-
tive agency shall make available to all offerors— 
(1) the information provided in debriefings under this section regard-
ing the offer of the contractor awarded the contract; and 
(2) the same information that would have been provided to the origi-
nal offerors. 
(g) SUMMARY TO BE INCLUDED IN FILE.—The contracting officer shall 
include a summary of the debriefing in the contract file. 
§ 3705. Pre-award debriefings 
(a) REQUEST FOR DEBRIEFING.—When the contracting officer excludes 
an offeror submitting a competitive proposal from the competitive range (or 
otherwise excludes that offeror from further consideration prior to the final 
source selection decision), the excluded offeror may request in writing, with-
in 3 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 
shall make every effort to debrief the unsuccessful offeror as soon as prac-
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ticable but may refuse the request for a debriefing if it is not in the best 
interests of the Federal Government to conduct a debriefing at that time. 
(c) PRECONDITION FOR POST-AWARD DEBRIEFING.—The contracting of-
ficer is required to debrief an excluded offeror in accordance with section 
3704 of this title only if that offeror requested and was refused a pre-award 
debriefing under subsections (a) and (b). 
(d) INFORMATION TO BE PROVIDED.—The debriefing conducted under 
this section shall include— 
(1) the executive agency’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 solici-
tation, applicable regulations, and other applicable authorities were fol-
lowed by the executive agency. 
(e) INFORMATION NOT TO BE DISCLOSED.—The debriefing conducted 
pursuant to this section 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 shall 
include a summary of the debriefing in the contract file. 
§ 3706. Encouragement of alternative dispute resolution 
The Federal Acquisition Regulation shall include a provision encouraging 
the use of alternative dispute resolution techniques to provide informal, ex-
peditious, 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 (or otherwise from further consideration) 
for that contract. 
§ 3707. Antitrust violations 
If the agency head considers that a bid or proposal evidences a violation 
of the antitrust laws, the agency head shall refer the bid or proposal to the 
Attorney General for appropriate action. 
§ 3708. Protests 
(a) PROTEST FILE.— 
(1) ESTABLISHMENT AND ACCESS.—If, in the case of a solicitation 
for a contract issued by, or an award or proposed award of a contract 
by, the head of an executive agency, a protest is filed pursuant to the 
procedures in subchapter V of chapter 35 of title 31, and an actual 
or prospective offeror requests, a file of the protest shall be established 
by the procuring activity and reasonable access shall be provided to ac-
tual or prospective offerors. 
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(2) REDACTED INFORMATION.—Information exempt from disclosure 
under section 552 of title 5 may be redacted in a file established pursu-
ant to paragraph (1) unless an applicable protective order provides oth-
erwise. 
(b) AGENCY ACTIONS ON PROTESTS.—If, in connection with a protest, 
the head of an executive agency determines that a solicitation, proposed 
award, or award does not comply with the requirements of law or regula-
tion, the head of the executive agency may— 
(1) take any action set out in subparagraphs (A) to (F) of subsection 
(b)(1) of section 3554 of title 31; and 
(2) pay costs described in paragraph (1) of section 3554(c) of title 
31 within the limits referred to in paragraph (2) of section 3554(c). 
CHAPTER 39—SPECIFIC TYPES OF CONTRACTS 
Sec. 
3901.
Contracts awarded using procedures other than sealed-bid procedures. 
3902.
Severable services contracts for periods crossing fiscal years. 
3903.
Multiyear contracts. 
3904.
Contract authority for severable services contracts and multiyear contracts. 
3905.
Cost contracts. 
§ 3901. Contracts awarded using procedures other than 
sealed-bid procedures 
(a) AUTHORIZED TYPES.—Except as provided in section 3905 of this 
title, contracts awarded after using procedures other than sealed-bid proce-
dures may be of any type which in the opinion of the agency head will pro-
mote the best interests of the Federal Government. 
(b) REQUIRED WARRANTY.— 
(1) CONTENT.—Every contract awarded after using procedures other 
than sealed-bid procedures shall contain a suitable warranty, as deter-
mined by the agency head, by the contractor that no person or selling 
agency has been employed or retained to solicit or secure the contract 
on an agreement or understanding for a commission, percentage, bro-
kerage, or contingent fee, except for bona fide employees or bona fide 
established commercial or selling agencies the contractor maintains to 
secure business. 
(2) REMEDY FOR BREACH OR VIOLATION.—For the breach or viola-
tion of the warranty, the Federal Government may annul the contract 
without liability or deduct from the contract price or consideration the 
full amount of the commission, percentage, brokerage, or contingent 
fee. 
(3) NONAPPLICATION.—Paragraph (1) does not apply to a contract 
for an amount that is not greater than the simplified acquisition 
threshold or to a contract for the acquisition of commercial items. 
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§ 3902. Severable services contracts for periods crossing fis-
cal years 
(a) AUTHORITY TO ENTER INTO CONTRACT.—The head of an executive 
agency may enter into a contract for the procurement of severable services 
for a period that begins in one fiscal year and ends in the next fiscal year 
if (without regard to any option to extend the period of the contract) the 
contract period does not exceed one year. 
(b) OBLIGATION OF AMOUNTS.—Amounts made available for a fiscal year 
may be obligated for the total amount of a contract entered into under the 
authority of this section. 
§ 3903. Multiyear contracts 
(a) DEFINITION.—In this section, a multiyear contract is a contract for 
the purchase of property or services for more than one, but not more than 
5, program years. 
(b) AUTHORITY TO ENTER INTO CONTRACT.—An executive agency may 
enter into a multiyear contract for the acquisition of property or services 
if— 
(1) amounts are available and obligated for the contract, for the full 
period of the contract or for the first fiscal year in which the contract 
is in effect, and for the estimated costs associated with a necessary ter-
mination of the contract; and 
(2) the executive agency determines that— 
(A) the need for the property or services is reasonably firm and 
continuing over the period of the contract; and 
(B) a multiyear contract will serve the best interests of the Fed-
eral Government by encouraging full and open competition or pro-
moting economy in administration, performance, and operation of 
the agency’s programs. 
(c) TERMINATION CLAUSE.—A multiyear contract entered into under the 
authority of this section shall include a clause that provides that the con-
tract shall be terminated if amounts are not made available for the continu-
ation of the contract in a fiscal year covered by the contract. Amounts avail-
able for paying termination costs shall remain available for that purpose 
until the costs associated with termination of the contract are paid. 
(d) CANCELLATION CEILING NOTICE.—Before a contract described in 
subsection (b) that contains a clause setting forth a cancellation ceiling in 
excess of $10,000,000 may be awarded, the executive agency shall give writ-
ten notification of the proposed contract and of the proposed cancellation 
ceiling for that contract to Congress. The contract may not be awarded until 
the end of the 30-day period beginning on the date of the notification. 
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