Miller & Chevalier – Past performance evaluations entered in the Contractor Performance Assessment Reporting System (CPARS) are a key factor in agency source selection decisions. CPARS evaluations can be the difference between winning and losing new contracts, which means contractors should put a premium on making sure their CPARS-entered ratings and narratives are objective and warranted.
But if you get an unfavorable or unfair CPARS evaluation, don’t despair. You can fight it! The time to act is before it impacts you negatively in a future contract award decision. Here are best practices in the article in considering a challenge:
- Act quickly; After losing a bid for a new contract is likely too late for relief. Appealing and challenging ratings and narratives are most effective when the details are fresh.
- Have reasonable expectations for relief. If the challenge prevails, the agency may simply be asked to re-do the CPAR in accordance with the established guidance.
- Challenge unfavorable rating, even if explained by a mitigating narrative. Keep in mind, CPARS are used for past performance evaluations in competitive solicitations for three years after completion of the contract.
- Consider the viability of a bad faith claim, although the bar is high.
