Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks
PODCAST: Challenging Negative CPARS Reports – Protecting Contractor Reputation Through CPARS Challenges
CPARS From A to Z
On November 8, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest that asserted the Veteran Administration’s (VA) evaluation of Texas Waste Company’s past performance was unreasonable and...more
One of the primary benefits of the federal government’s Other Transaction Authority (OTA) is that it avoids delays, regulatory burdens, and expenses associated with the Federal Acquisition Regulation (FAR) and agencies’ FAR...more
On April 27, 2023, the Small Business Administration (SBA) issued a final rule, finalizing a September 9, 2022 proposed rule, and making a myriad of changes to the Small Business Regulations. Those changes are effective at...more
WHAT: The U.S. Department of Defense (DOD) issued a final rule that requires contracting officers to consider Supplier Performance Risk System (SPRS) risk assessments when evaluating contractors’ proposals and quotes and when...more
Since the January Bid Protest Roundup marks the beginning of February, we begin with a takeaway that needs no supporting authority beyond common sense: if you have not already done so, get your Valentine’s Day gift now. ...more
This is the eighth (and last) of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors...more
This is the seventh of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors to...more
This is the sixth of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors to recover...more
Recently, the Department of Defense (“DoD”) issued a memorandum to launch a pilot program that will enable certain contractors owned under an employee stock ownership plan (“ESOP”) to receive sole source follow-on awards....more
Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more
Landmark changes in the federal income tax treatment of partnerships (including multi-member LLCs) became effective in 2018 for many more partnerships than first anticipated. As a result of the Bipartisan Budget Act of 2015,...more
The U.S. Small Business Administration (“SBA”) recently issued a final rule that creates new opportunities for small businesses to submit relevant past performance, and new requirements for large/other than small prime...more
A newly published Small Business Administration Final Rule provides small businesses with two new ways to satisfy Past Performance requirements when competing for federal prime contracts. The Rule takes effect on August 22,...more
Mentor-protégé programs, such as the government-wide one at the SBA for all small business concerns, are designed to help small contractors engage in federal contracting by allowing larger, more experienced mentor firms to...more
Every Federal contractor knows the importance of a good past performance record, but many fail to fully appreciate the dangers of negative past performance. A recent GAO decision, Sterling Medical Associates, Inc., serves as...more
Obermayer is excited to introduce its new “GovCon Examiner Live” webinar series, your resource for the fundamentals in government contracting and small business procurement. Over the course of 12 months, our experienced...more
A government agency’s evaluation of an offeror’s past performance can often be the difference between winning or losing a government contract. And, for better or worse, agencies are given broad discretion in how they evaluate...more
This installment of our monthly Law360 bid protest bid protest spotlight examines three protest decisions addressing challenges to contractor performance assessment reports (“CPARs”), procurements through the General Services...more
Technically, no. However, when the contractor is protesting the award of a contract for the same agency that issued the unfavorable Contractor Performance Evaluation Report (CPAR), the contractor may have some success arguing...more
Have you ever received a negative CPARS that you felt was unjustified? Did that negative CPARS cause you to lose other contract awards? That is what happened to the contractor-protester in Colonna Shipyard, Inc. v. U.S., a...more
Given how much emphasis federal procurement law properly places on fairness, it can be easy to assume that government buyers must do everything necessary to ensure a fair procurement....more
A government contractor’s past performance can spell the difference between proposal rejection and contract award, and agencies are given broad discretion in how they evaluate past performance. It is critical that companies...more
First things first, I’m sorry about the title; I couldn’t resist. The longer, alternate title would have been “Rest In Peace – the Past Performance Information Retrieval System Sleeps with the Fishes.” But that doesn’t have...more
In this episode of Williams Mullen's GovCon Perspectives, Tony Anikeeff discusses CPARS reports and explains why they are a fundamental element of a contracting officer’s evaluation of past performance in considering...more