For over 25 years, the federal government has used a contractor’s past performance on prior contracts and projects as a mandatory evaluation factor in most procurements. So, in deciding whether to award a contract, most federal agencies must examine prior projects, including those performed for the U.S. government. This past performance information could be the reason that an agency refuses to award a contract. And federal contracting rules provide specific limits on a contractor’s ability to challenge inaccurate past performance evaluations.

This webinar will address:

• how the government uses past performance information in federal procurements
• contractor and offeror responses to past performance issues
• the role of the GAO, Boards of Contract Appeals, and U.S. Court of Federal Claims in past performance-related disputes.

Based on extensive practical experience and recent caselaw, this webinar will provide guidance to help contractors successfully navigate federal past performance issues, including the process to challenge an agency’s inaccurate or improper evaluation. 

Learning Objectives: By the end of this webinar, attendees will be able to recognize unique features of federal government past performance evaluations, including the use of federal “report cards” or CPARS, the process for challenging adverse ratings, and the role of GAO, Boards of Contracts Appeals and U.S. Court of Federal Claims. The webinar will include discussion of lessons learned from years of experience representing clients in past performance disputes and protests before numerous fora. Finally, this webinar will provide practical advice for contractors to prevent potential disputes regarding an agency’s negative past performance rating.