Within five days of the issuance of a first-tier review
decision, on the purchasing entity's own motion or if requested by the
appellant or intervenor following an adverse first-tier review decision, the
purchasing entity may grant an opportunity for the adversely affected party to
appear before the purchasing entity for an informal discussion and debriefing
of the basis of the first-tier decision and surrounding facts and circumstances
forming the basis of such decision. This is an elective step in the process and
is not required as a prerequisite to initiating a second-tier review. Likewise,
the purchasing entity is neither required to offer nor required to grant a
request for an informal debriefing.
(1) An informal debriefing is intended to
provide an interested party with an opportunity to share in an informal setting
the party's concerns with the process leading to the award. A party is not
required to attend an informal debriefing, but attendance is strongly
encouraged.
(2) Because proposals,
notices of appeal, and evaluation committee materials, documentation, analysis,
and results may contain confidential or proprietary information, a party's
participation may be contingent on the party's agreeing and consenting to the
entry of a protective order in accordance with the provisions of this chapter
governing protective orders, or the discussion will be limited to the public,
redacted contents of materials or information forming the basis of any
discussion.
(3) A party may be
represented by legal counsel at an informal debriefing.
(4) Following the informal debriefing, the
purchasing entity may affirm, modify, or reverse, in whole or in part, its
prior decision, or the appellant may withdraw its appeal.
(5) The head of the purchasing entity or that
person's designee who will serve as final decision maker in the event of a
third-tier review, as applicable, shall not participate in an informal
debriefing conducted in accordance with this rule or in preparing any decision
or order affirming, modifying, or reversing, in whole or in part, a prior
decision.
