Debriefing Rights

Debriefing rights are a supplier's entitlement to learn how its bid was assessed once a competitive procurement has concluded. A debriefing typically covers the factors and criteria the buyer applied, the strengths and weaknesses of the supplier's bid, and the reasons the bid was unsuccessful. The buyer protects confidential information, including other bidders' details, throughout.

The term is used across Canadian federal and provincial procurement and in NATO procurement. Related terms include supplier debriefing, bidder debriefing, post-award debriefing and proposal-evaluation debriefing. In each regime the right is exercised by request, within a deadline, and the rules on timing and scope differ from one buyer to the next.

What a debriefing covers

A debriefing explains the evaluation, not the whole award file. The former Treasury Board Contracting Policy described debriefings as normally including the factors and criteria used in evaluation, while respecting each bidder's right to confidentiality. You can read that policy language in a Public Works and Government Services Canada publication.

The Office of the Procurement Ombudsman reports that federal debriefings take place after contract award and communicate the results of the evaluation of the supplier's bid. Its follow-up review sets out that practice.

Debriefing rights in Government of Canada procurement

CanadaBuys states that every bidder has the right to request a debriefing from the contracting officer after the results of a competitive process. Its guidance on how to bid on tender opportunities puts the request in the contracting officer's hands.

The archived Treasury Board Directive on the Management of Procurement required contracting authorities to give a debriefing to any bidder who requested one, in a timely manner after contract award. The directive text is available on the Treasury Board Secretariat site.

Provincial rules in British Columbia, Ontario and Alberta

British Columbia's RFP guidance says proponents are entitled to a debrief. Debrief meetings explain the strengths and weaknesses of an unsuccessful proponent's proposal, and provincial policy requires the debrief after the contract is signed. See the Ministry guide to the RFP.

Ontario's Broader Public Sector Procurement Directive defines Supplier Debriefing as informing a supplier why its bid was not selected after the contract-award process is complete. For procurements at or above the directive's stated threshold, organizations must inform unsuccessful suppliers of their entitlement and allow 60 calendar days to request a debriefing. The requirements are in the directive.

Alberta guidance states that unsuccessful vendors in a competitive procurement may request a debriefing in writing. The request generally falls due within 10 business days of notice of the unsuccessful result, or within another period the purchasing department states. The Alberta procurement process FAQ sets this out.

Debriefings under NATO procurement

NATO's Procurement Manual provides for debriefings on proposal evaluation in specified task-order and delivery-order procurements. The solicitation must state that a debriefing can be requested, along with any limitations. A bidder must request one within five days of notification of the source-selection outcome. The provision is in the NATO Procurement Manual.

What debriefing rights mean for a supplier

A debriefing is not automatic. You have to ask for one, in writing, within the buyer's deadline. Check the solicitation and the award notice for the procedure and the date, then send the request to the contracting or purchasing official named there.

• Note the deadline the moment you receive an unsuccessful notice, because it ranges from five days in the NATO provision to 60 calendar days under Ontario's directive.
• Ask about the evaluation factors and criteria, and how your bid scored against them.
• Expect confidentiality limits on information about other bidders.
• Use the strengths and weaknesses you hear to improve your next bid.